1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Basic Facts

On September 4, 2012, the Plaintiff entered into a lease agreement with the owner C on the real estate listed in the separate sheet (hereinafter “instant real estate”) with a deposit of KRW 80 million and a lease term of two years (hereinafter “instant lease agreement”).

The indication of the object of the lease contract was written as the "E 402 Dong 502 (E 2.502 Dong 2,502)".

(C) On September 4, 2012, the Plaintiff transferred the instant real estate to Seosan City G, 402 Dong 502, and received a fixed date.

On the other hand, the register on the instant real estate is called as "Sesan City (hereinafter the same shall apply) G, 2, 5, 2502, as shown in the attached list."

On September 14, 2012, the Plaintiff paid a balance of deposit to C, and occupied the real estate in this case, and has been residing until now.

C sold the instant real estate to H on October 16, 2012, and completed the registration of ownership transfer on November 16, 2012.

H, on November 1, 2012, set the right to collateral security of KRW 100 million with respect to the instant real estate to the Defendant, and on November 16, 2012, the establishment registration of collateral security was completed in the future against the Defendant.

On October 2, 2013, upon the Defendant’s application, the voluntary auction procedure was initiated as Seosan Branch B of the Daejeon District Court on the instant real estate.

On the date of distribution of the above auction case, on August 13, 2014, the above court prepared a distribution schedule with the content that distributes the remainder of KRW 79,683,578 to the defendant in the order of first priority among the amount to be actually distributed, and KRW 1,508,90 to Seosan-si, the second priority, and KRW 16,220 to the president of the National Health Insurance Corporation, and the third priority. (hereinafter “instant distribution schedule”).

Accordingly, on the date of distribution, the Plaintiff stated an objection to the total amount of dividends to the Defendant, and filed a lawsuit of demurrer against distribution on August 20, 2014.

【Ground of recognition】An absence of dispute, Gap No. 1,2.