1. Revocation of a judgment of the first instance;

2. In the case of the Seogu District Court Branch B and C (Consolidated) auction of real estate.

1. Basic facts

A. On April 1, 2009, the Defendant entered into a lease contract with D, the former owner of the real estate listed in the separate sheet (hereinafter “instant real estate”); on April 1, 2009, with respect to 105 of the instant real estate, as deposit money for lease from April 1, 2009 to September 30, 2009; on April 1, 2009, the former lease contract was completed; on April 1, 2009, the Defendant, the settlor of chonsegwon; on April 1, 2009, the lease contract was entered into for two years from April 1, 2009; and on April 1, 2009, the lease contract was occupied and used for 102 years after obtaining a fixed date by transferring the instant real estate on April 22, 202.

B. On December 11, 2009, the instant real estate had been in progress with the auction procedure to Seo-gu District Court Seo-Support F (hereinafter “first auction procedure”) upon the application of E’s compulsory auction as D’s creditor. In the first auction procedure, the Defendant received the distribution of KRW 3,968,459 as the lessee of small amount under the above 102, by making a demand for distribution as the person having the right to lease under the above 105 and the lessee under the above 102 during the first auction procedure.

C. The instant real estate was awarded a successful bid to Liber Capital Co., Ltd. on February 10, 201 in the said auction procedure, and the registration of ownership transfer was completed under the name of the said company on March 7, 2011. The Plaintiff purchased the instant real estate from the said company on March 22, 201, and completed the registration of ownership transfer under the name of the Plaintiff on March 23, 201.

On the other hand, G’s application for voluntary auction, which is the mortgagee of the instant real estate, had been in progress with the auction procedure (hereinafter “second auction procedure”) under the Seogu District Court Branch B and C (combined). The Defendant, in the second auction procedure, demanded distribution as a person having chonsegwon and the lessee under the said 102, and received dividends of KRW 25,701,708, which is the date of distribution, as a person having chonsegwon under the said 105 and the lessee under the said 102, on December 18, 2013, on the date of distribution. The Plaintiff filed a lawsuit of demurrer against distribution on the date of distribution on the said date of distribution, and then filed a lawsuit of demurrer against distribution on December 23, 2013.

[Ground of recognition] Unsatisfy, A(1) through (3)