1. Revocation of a judgment of the first instance;

2. As to the real estate stated in the separate sheet between the Defendant and B, January 9, 2014.

1. Basic facts

A. On May 23, 2012, the Plaintiff completed the registration of creation of a collateral security (hereinafter “mortgage”) with respect to the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”) on May 23, 2012, with a maximum debt amount of KRW 273,00,000,000.

B. On January 9, 2014, the Defendant concluded a lease contract (hereinafter “instant lease contract”) with regard to the instant real estate between B and B by setting the lease deposit amount of KRW 27,00,000,00 and the lease term from January 16, 2014 to January 16, 2016.

After that, the Defendant completed a move-in report on the instant real estate on January 16, 2014, and obtained a fixed date in the instant lease contract, and resided in the instant real estate from around that time.

C. After that, the Plaintiff filed an application for a voluntary auction of real estate on the instant real estate with the Incheon District Court C based on the instant collateral security, and this court rendered a voluntary decision to commence auction on March 26, 2014.

(hereinafter “instant auction procedure”). D.

On June 2, 2014, the Defendant asserted that he is a lessee with respect to the instant real estate in the auction procedure, and filed a report on the right and demand for distribution.

E. On the date of distribution conducted on November 28, 2014, this court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 22,00,00 to the Defendant as a lessee of small amount, KRW 664,340 in the second order as a holder of the right to deliver to the Incheon Yeonsu-gu (the pertinent tax), KRW 427,820 in the third order as a holder of the right to deliver to the Incheon Southern-gu, and KRW 7,828 in the third order as a holder of the right to deliver to the Incheon Yeonsu-gu, and KRW 22,095,320 in the third order as a holder of the right to collateral security (hereinafter “the Plaintiff”).

F. On the aforementioned date of distribution, the Plaintiff raised an objection against KRW 17,856,858 out of the amount of distribution to the Defendant, and thereafter filed the instant lawsuit on December 5, 2014, within one week thereafter.

[Reasons for Recognition] There is no dispute, Gap's 1, 2, 5, 6, 13.