1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

2...

Basic Facts

On December 28, 2012, the Plaintiff entered into a lease agreement between C and C with each of the lands listed in the separate sheet owned by C (hereinafter referred to as “instant land”) (hereinafter referred to as “instant lease agreement”) and KRW 150,000,000,000,000,000,000,000,000,000,000,000,000,00,000, of the land listed in the separate sheet owned by C (hereinafter referred to as “instant land”).

Of the “real estate indication” in the “real estate indication” of the commercial lease agreement prepared between the Plaintiff and C at the time (No. 1; hereinafter “instant commercial lease agreement”) between the Plaintiff and C, only the land in the column of the “real estate indication” is indicated.

At the time of the instant lease agreement, only the instant commercial lease agreement was prepared, and the real estate lease agreement submitted by the Plaintiff (No. 8 of the evidence No. 2) is a contract that the Plaintiff lost the above commercial lease agreement to C after the conclusion of the said lease agreement, and the contract was made again by requesting that the contract be made for the loan of the lease fund.

At the time, the Plaintiff and C agreed to establish a right to lease on a deposit basis for the object of the instant lease agreement, and at that time delegated the application for registration of the right to lease on a deposit basis to the Defendant, who is a certified judicial scrivener, and the Plaintiff sent the instant commercial lease agreement (Evidence 1) to the Defendant by facsimile

On December 18, 2012, the Defendant filed an application for the registration of the establishment of chonsegwon (hereinafter “registration of the establishment of chonsegwon”) with the Plaintiff solely on the instant land No. 1,50,000,000, and the lease on a deposit basis for lease on a deposit basis. Around that time, the registration of the establishment of chonsegwon (hereinafter “registration of the establishment of chonsegwon”) was completed.

(A) On September 18, 2014, the Hanan Credit Union, the mortgagee of the right to collateral security on each of the instant lands, etc. filed an application for voluntary auction on each of the instant lands, etc. on September 18, 2014, and received a decision to commence auction (I) from the Chungcheong District Court branch on September 18, 2014, and each of the instant lands in the auction procedure (hereinafter “instant auction procedure”).