1. Revocation of a judgment of the first instance;

2. As to the case of the compulsory auction of real estate C with the Incheon District Court Busan District Court.

1. In operating an individual entrepreneur who is the cause of the claim, from around 2003, Kimpo-si, Kimpo-si (hereinafter “instant real estate”) leased the two-story 2 from around 2003 to Kimpo-si for the purpose of an employee accommodation, and the lessor was indirectly occupied through D through employees. The lessor was also aware of all the above facts. However, since the moving-in report for the resident registration of D and the period of occupation of the instant real estate prior to the establishment date of the Defendant’s right to collateral security, the entire lease deposit amount of KRW 35,00,000 should be distributed

2. Facts of recognition;

A. The Plaintiff operated a personal business entity with the trade name “H” and leased the instant real estate from F to use it as a lodging place for employees of the business entity around 2003.

(hereinafter “Lease of this case.” The lease of this case was renewed on November 9, 2009 as KRW 35,000,000, and the term of lease was renewed from November 9, 2009 to twenty-four months, and the Plaintiff was granted a fixed date on the renewed lease agreement on November 27, 2009.

B. On November 14, 2007, the Plaintiff Staff D moved-in Report to the instant real estate, and took over the instant real estate and used and made profits therefrom.

C. G completed the registration of ownership transfer with respect to the instant real estate from F on May 3, 2011.

On April 23, 2013, the Defendant completed the registration of the establishment of a neighboring mortgage over the instant real estate amounting to KRW 135,000,000, and G, G, the debtor.

E. Around September 2013, D retired from the Plaintiff’s business entity, and removed from the instant real estate. Around that time, the Plaintiff resided after receiving the instant real estate from D, and completed the move-in report on September 4, 2013.

F. On September 9, 2013, the Busan District Court rendered a decision to commence compulsory sale of the instant real estate (C) and on December 21, 2015, prepared a distribution schedule that distributes the remainder of KRW 84,111,202 to the Defendant (hereinafter “instant distribution schedule”).

G. The plaintiff appeared on the date of distribution and 16,000 out of the amount of distribution against the defendant.