1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

C, including the creation of a right to collateral security and the commencement of an auction procedure, shall register the creation of a right to collateral security (hereinafter referred to as the “right to collateral security”) with respect to Daejeon-gu and its ground buildings owned by oneself (hereinafter referred to as the “instant building”). With respect to the establishment of a right to collateral security (hereinafter referred to as the “right to collateral security”), on April 19, 201, the maximum debt amount of which is 408,00,000 won, the debtor C, and the Industrial Bank of Korea of the mortgagee C, and the right to collateral security (hereinafter referred to as the “right to collateral”), and ② on August 10, 2012, the establishment of a right to collateral security (hereinafter referred to as “the right to collateral security”), the right to collateral security (hereinafter referred to as “the right to collateral security”), the debtor’s two rights to collateral security (hereinafter referred to as “the right to collateral security), the right to collateral security (hereinafter referred to as “the right to collateral security), ③ the establishment of a right to collateral security with the debtor two-mortgage, and the credit security fund.

On September 2, 2014, according to the Industrial Bank of Korea's application for auction on each of the instant real estate, the auction procedure for real estate was initiated with Daejeon District Court B (hereinafter "instant auction procedure"), and the Plaintiff acquired the instant collateral security and the secured claim from the Industrial Bank of Korea during the said auction procedure.

In the auction procedure of this case, the Plaintiff acquired claims and collateral security against C from the Industrial Bank of Korea, filed a report on the rights and demand for distribution of the principal amounting to KRW 336,70,000, interest amounting to KRW 41,01,887, and KRW 377,711,887.

G, the first husband and wife, who had resided in the housing located in the Jung-gu Daejeon Special Metropolitan City for the conclusion of a lease agreement and demand for distribution (hereinafter “instant H housing”), concluded a lease agreement between C and C on May 26, 2014, with respect to the fourth floor of the instant building, between the lease deposit and the lease deposit amount of KRW 50,00,000, and the lease term of KRW 50,000, and from June 30, 2014 to June 29, 2016, and entered into a lease agreement to C on the date of the contract.