1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) purchased B apartment Nos. 101 and 503 (hereinafter “instant real estate”) from G in Siri-si, Siri-si (hereinafter “C”), and completed the registration of transfer of ownership in its name (the cause of sale on August 4, 2006) on August 29, 2006.

B. C, on September 29, 2010, completed the registration of creation of collateral security in the name of the Industrial Bank of Korea under the name of the debtor C, the maximum debt amount of which was KRW 150 million with respect to the instant real estate, and the amount of KRW 82 million with respect to the instant real estate was loaned from the Industrial Bank of Korea.

C. Around that time, the Industrial Bank of Korea transferred the above loan claim against C to the Plaintiff, and at that time notified C of the assignment of the above claim.

On May 13, 2015, the Plaintiff, based on the foregoing right to collateral security, received a decision to commence a voluntary auction as D with the Suwon District Court Branch Branch D with respect to the instant real estate.

However, at the above auction procedure on July 7, 2015, the Defendant filed a report on the right to claim the amount of the lease deposit and the demand for distribution, alleging that the Defendant entered into a housing lease contract with C on August 24, 2008 with respect to the instant real estate (hereinafter “instant lease contract”) for the period from August 24, 2008 to 24 months from August 24, 2008.

[Evidence] Facts without dispute, Gap evidence 1 to Gap evidence 4 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant lease agreement was concluded by the Defendant in collusion with C, and the Defendant merely entered into a false contract with C, and that there is no right of lease of the Defendant under the instant lease agreement.

B. The Defendant alleged as follows, even after selling the instant real estate, which was owned by the Defendant’s spouse E, to G, the representative director of C, was continuously residing in the instant real estate under the agreement with G, and the payment of the lease deposit amount of KRW 120 million under the instant lease agreement is E.