1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The facts of recognition C are as follows: (a) Of the multi-household housing listed in the separate sheet (hereinafter “instant building”); (b) as regards the shares of 58.31/51 on June 20, 2008 (No. 12), as regards the shares of 124.58/51 on February 23, 201 (No. 13 and 14 on February 23, 201); and (c) as regards the shares of 116.62/51 on June 4, 2012 (No. 1 on June 4, 2012), the registration of ownership transfer is completed in its own name.

On June 26, 2012, the Plaintiff: (a) leased 102 units of the instant building from C during a fixed period from July 16, 2012 to July 16, 2014; (b) obtained the fixed date of the lease contract from July 16, 2012 to June 28, 2012; and (c) obtained the move-in report from C to the instant building on July 19, 2012; and (d) has occupied it until the date after completing the move-in report.

On the other hand, on December 17, 2010, C and D completed the registration of creation of a collateral security right holder E, maximum debt amount of KRW 50,000,000 (hereinafter “first collateral security right”), and C completed the registration of creation of a collateral security right holder E, the maximum debt amount of KRW 50,000,000,00 for the entire building of the instant case on January 111, 2013, together with the share of KRW 58.31/51 (No. 12) and the share of KRW 58.51/299.51 (No. 14) of D.

(2) On January 14, 2013, E obtained a decision to commence voluntary auction from the Seoul Central District Court G on January 14, 2013, and conducted an auction procedure as to shares of 116.62/51 of the instant building. H completed the registration of ownership transfer as to the said shares on the ground of sale due to voluntary auction on December 30, 2013 (the Plaintiff filed an application for dividend in the said voluntary auction procedure, but failed to receive dividends later than the first collateral security), and the object of the second collateral security was reduced to 182.89/1/29 of the instant building on the ground of sale due to the said voluntary auction.

C A lessee of the instant building (201 of the instant building) is the creditor of C, and the remainder of the instant building on March 28, 2014.