1.The judgment of the first instance shall be modified as follows:

In the case of Suwon District Court B real estate auction B, Suwon District Court.

1. Basic facts

A. On July 21, 201, the Plaintiff loaned KRW 473,500,000 to C, and completed the registration of the establishment of a mortgage over D apartment Nos. 104,500, and the debtor C with respect to the maximum debt amount as to the D apartment Nos. 104,500, and 501 (hereinafter “instant apartment”).

B. On February 14, 2012, the Defendant concluded a lease agreement with F Licensed Real Estate Agent F, with respect to the instant apartment between C and C, with the lease term from February 20, 2012 to February 19, 2014, with the lease deposit amount of KRW 30,000,000, the lease deposit amount of KRW 1,000,000,000 (payment on February 20, 201).

(hereinafter “Lease Agreement.” The Defendant, via F, paid F the down payment of KRW 10,00,000 on the day of the contract to C as the lease deposit, and the remainder of KRW 20,000,000 on February 16, 2012. The apartment was handed over from C around the due date of the remainder payment, and resided in the apartment of this case from around that time.

In addition, the defendant 2012

2. 20. The moving-in report on the apartment of this case was made and the fixed date was obtained from the lease contract.

C. However, on June 8, 2012, upon the Plaintiff’s application, the Suwon District Court opened an auction procedure for exercising the security right to the apartment of this case as the G for Yangyang branch of the Suwon District Court on the instant apartment.

In the above procedure, the defendant filed a report on rights and made a demand for distribution on the ground that he is a small lessee under the Housing Lease Protection Act.

In the above auction procedure, the apartment of this case was sold to H around June 27, 2013, and around that time H acquired ownership by completely paying the successful bid price.

E. On August 12, 2013, a court of execution opened a date of distribution to the Defendant, the lessee of small amount of money, 22,00,000 won, 1,043,680 won, and 342,189,125 won to the Plaintiff, the applicant creditor and the mortgagee of small amount of money, and the Plaintiff stated an objection against the total amount of dividends to the Defendant.