1. Of the judgment of the court of first instance, the part against Defendant H is revoked, and the Plaintiff against Defendant H.

1. Basic facts

A. The Plaintiff is the mother of N, the debtor of the instant auction case.

B. From December 201, the Plaintiff filed a move-in report with the real estate subject to the instant auction case (hereinafter “instant housing”) from December 201, and resided with the husband in the instant housing.

C. On January 23, 2012, the Plaintiff: (a) prepared and provided a certificate of free residence at the time when Defendant F received the instant mortgage loan on the instant housing from Defendant F; and (b) prepared and provided a certificate of free residence at the time when C Co., Ltd. provided a mortgage on the instant housing on October 16, 2014.

On August 14, 2012, KRW 10 million and KRW 88 million on October 15, 2012 were transferred from the Plaintiff’s husband’s account to N’s account.

E. In the instant auction case, the Plaintiff filed an application for a demand for distribution with the opposing power under the Housing Lease Protection Act to repay the deposit amount of KRW 90 million as a lessee with respect to the instant housing, but did not become a dividend, but raised an objection against the Defendants’ dividends on September 7, 2017, which was the date of distribution, and filed the instant lawsuit on September 13, 2017, one week thereafter.

[Ground of recognition] Unsatisfy, Gap evidence 2 to 11, Eul evidence 1 (including provisional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion: (a) from the end of January 201, the Plaintiff entered into a lease agreement with the N and security deposit amount of KRW 90 million, which is the owner of the instant housing; (b) entered into the instant housing; and (c) entered into a lease agreement with the N and security deposit of KRW 90 million around January 3, 2015 in order to secure preferential payment rights even if the bank that provided a secured loan was subordinate to the lower order, and subsequently, (c) entered into a lease agreement with the N and security deposit of KRW 90 million in order to obtain preferential payment rights, and (d) entered a preferential payment rights as a lessee under the Housing Lease Protection Act by obtaining a fixed date

B. The Plaintiff’s lease contract was concluded between the Plaintiff and N regarding the instant housing.