1. Revocation of a judgment of the first instance;

2.(a)

On February 16, 2011, the Defendant No. 101 of the Non-dong 1, Seo-gu, Incheon.

1. Basic facts

A. C on September 6, 2009, purchased the first floor No. 101 of the Seo-gu Incheon Metropolitan Government D Building No. 1 (hereinafter “instant housing”) in the purchase price of KRW 190 million, and completed the registration of ownership transfer on September 23, 2009.

B. C borrowed KRW 130 million from the Plaintiff on September 23, 2009. On the same day, C completed the registration of creation of a neighboring mortgage amount of KRW 169 million with respect to the instant housing.

C. Around April 5, 2010, C completed the registration of establishment of a mortgage against the instant housing with F, the maximum debt amount of KRW 22.5 million, and the debtor C. D.

The Defendant entered into a lease agreement with C on February 16, 201 with respect to the instant housing as KRW 20 million (hereinafter “instant lease agreement”), and filed a move-in report on resident registration on March 2, 201, and paid KRW 20 million to C by March 5, 201, and thereafter resided in the instant housing upon delivery around that time. The Defendant resided in the instant housing upon delivery.

3. 8. The fixed date of the above lease contract was obtained.

E. F applied for voluntary auction of the instant housing at KRW 15 million to Incheon District Court G, and the said court rendered a decision to commence voluntary auction on November 3, 2011. During the said voluntary auction procedure, the market price of the instant housing was appraised as KRW 140 million, and the said court rendered a decision to dismiss the said voluntary auction on April 18, 2012, and completed the said voluntary auction procedure.

F. Since June 2010, C failed to pay interest on the Plaintiff’s debt. Accordingly, the Plaintiff filed an application for voluntary auction of the instant housing with the Incheon District Court B (hereinafter “instant auction procedure”), and the said court rendered a decision to commence voluntary auction on October 16, 2012.

G. In the instant auction procedure, the Defendant asserted that he/she was a small lessee on December 18, 2012, and filed an application for a report on the right and a demand for distribution. On January 3, 2014, the date of distribution on the date of distribution, the said court held that the Defendant was the lessee of small amount, and that the Defendant was the Plaintiff’s order of 14 million won and the Plaintiff was 63,913,360 won.