1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. Between the Plaintiff and the Plaintiff on August 4, 2014, the Defendant concluded a lease agreement with the following terms: (a) regarding the lease deposit amounting to KRW 50 million (the contract amounting to KRW 40 million, intermediate payment to KRW 310 million, and the remainder amounting to KRW 20 million; KRW 17 million (excluding value-added tax), monthly renting KRW 17 million (excluding value-added tax); and (b) the lease agreement with the Defendant on October 20, 2014 through October 19, 2016 (hereinafter “instant building”).

B. Under the instant lease agreement, the Defendant paid the Plaintiff the remainder of the contract deposit of KRW 40 million on September 1, 2014, the intermediate payment of KRW 250 million on September 2, 2014, and the intermediate payment on September 2, 2014.

C. On September 2, 2014, the Plaintiff and the Defendant drafted a notarial deed with the content that “the Plaintiff borrowed KRW 350 million from the Defendant on August 4, 2014, but agreed on September 25, 2014 and interest at 24% per annum (payment on September 25, 2014)” (hereinafter “instant notarial deed”).

On October 20, 2014, the Defendant paid the Plaintiff the remainder of the lease deposit amount of KRW 200 million, and operated the telecom with the delivery of the instant site and building from the Plaintiff. On December 15, 2014, the Defendant completed the registration of the establishment of chonsegwon, which is from October 20, 2014 to October 19, 2016, with respect to the instant building, KRW 550 million on deposit for lease on a deposit basis.

E. After that, the voluntary decision on commencement of auction (Seoul District Court F) dated January 12, 2015 and the decision on voluntary commencement of auction ( Daejeon District Court G G) dated April 29, 2015, respectively, were made on the instant site and building at the request of the mortgagee, and the double auction procedure (hereinafter “instant auction procedure”).

F. The instant auction procedure is the same.