1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below is revoked, and above.

1. Basic facts

A. On January 5, 2009, the Plaintiff leased the lease deposit of KRW 32 million from January 14, 2009 to January 13, 201 (hereinafter “instant lease agreement”) to C, who is the Defendant’s wife, by setting the lease deposit of KRW 32 million from Dong-gu, Daejeon (hereinafter “instant house”), and the Defendant was residing in the instant house after the move-in of the instant house on January 15, 2009.

B. On September 13, 2009, C died, and C and C succeeded to C’s property rights and obligations, both the F and the Defendant (hereinafter “Defendant, etc.”) who is a child between C and C’s husband E.

C. After the death of C, the Defendant resided in the instant house and asked G to reside in the instant house while managing the instant house on May 2012, and G was living in managing the instant house from May 2012 to September 2013.

Around September 17, 2013, the term of the instant lease agreement expired, the Defendant notified the Plaintiff of the termination of the instant lease agreement as his heir as of September 30, 2013, on the ground that the instant lease agreement was terminated. Around that time, the Defendant filed a lawsuit against the Plaintiff seeking the return of the lease deposit with the Daejeon District Court 2013Da45157, which was the Daejeon District Court. On January 23, 2014, the said court rendered a judgment that “the Plaintiff shall deliver the instant house from the Defendant and simultaneously pay the Defendant KRW 19.2 million to the Defendant and KRW 12.8 million to F,” and the said judgment became final and conclusive around that time due to the Plaintiff’s failure to object to the said judgment.

E. After doing so, the defendant et al. filed an application for a compulsory auction on the instant housing with the original copy of the said judgment as the executive title, and rendered a judgment of compulsory commencement on April 7, 2014. The plaintiff was issued a judgment of compulsory commencement of auction with the Daejeon District Court H on April 7, 2014. On October 10, 2014, the plaintiff ordered payment (including execution expenses) for the defendant, who was in the process of the said compulsory sale by official auction on October 10, 2014.