1. Revocation of a judgment of the first instance;

2. The plaintiff's main claim is dismissed.

3. The plaintiff as added at the trial.

1. Basic facts

A. On September 11, 2006, Non-Party A is the non-party Sung Jong Construction Co., Ltd. (hereinafter referred to as "non-party company"), and is called "non-party company".

3) From the perspective of the foregoing, the real estate listed in the [Attachment List No. 1] owned by the non-party company (hereinafter “instant apartment”).

(2) On September 12, 2006, the above A leased deposit amounting to KRW 75,00,000, and the lease period was determined as 12 months. The above A paid the lease deposit to the non-party company on September 12, 2006, together with the non-party B who was de facto in a de facto marital relationship with the non-party B, who was living in the instant apartment after receiving the move-in report at the same time, filed a move-in report on June 25, 2008, and filed a move-in report on the instant apartment again on February 16, 2009, and during that period, only the above B was registered as a resident in the instant apartment.

B. On the other hand, on May 27, 2008, the defendant entered into a mortgage contract with the non-party company with the maximum debt amount of KRW 120,00,000 with respect to the apartment of this case, and on the same day the defendant completed the registration of the establishment of the mortgage with the defendant as the right to collateral security. On December 18, 2009, the defendant applied for voluntary auction as to the apartment of this case on December 18, 2009.

These contents were also stated in the tender documentation.

3 The above A did not report a right or demand a distribution in the above auction procedure, and the Plaintiff received a successful bid of the apartment of this case in KRW 67,010,000, and paid the successful bid price on August 13, 2010.