1. Revocation of the first instance judgment.

2. As to the case of the voluntary auction of real estate D in Suwon District Court, Sung-nam District Court.

Basic Facts

On April 24, 2015, F provided the Plaintiff with a loan of KRW 685,00,000 (hereinafter “instant loan”) and set up a maximum debt amount of KRW 890,50,000 with respect to each real estate listed in the separate sheet owned by F’s father E (hereinafter “instant real estate”), which is the father of F, and a collateral security with debtor F (hereinafter “instant collateral security”).

Between G (Death on March 5, 2017) and E, as of April 20, 2016, a commercial building lease agreement was concluded between G and E, stating that “G leases of KRW 120.9 square meters (hereinafter referred to as “the instant store”) of the land-story 120.9 square meters (hereinafter referred to as “the instant lease agreement”) from E among the buildings listed in attached Table 2, shall be leased from May 1, 2016 to May 1, 2018 (hereinafter referred to as “the instant lease”).

Since then, on June 17, 2016, G obtained the fixed date of the instant lease agreement, and on the same day, F completed the registration of business in the name of G pertaining to the “Seori Wholesale and Retail Business” (hereinafter “instant business registration”) with the location of the store and trade name as “H”, using the store and trade name as the representative of G.

On June 17, 2016, the Plaintiff, the mortgagee of the instant case, filed an application for voluntary auction on the instant real estate (hereinafter “instant voluntary auction”). On June 20, 2016, the Plaintiff received the instant voluntary decision to commence the auction from Sungwon District Court Branch Branch Branch Branch D to D.

In the said voluntary auction procedure, on August 23, 2016, the F made a request for a report on the right and demand for distribution as the lessee of the instant store on behalf of G as the applicant for G on behalf of G, and the said court, on March 9, 2017, prepared a distribution schedule with the content of allocating KRW 19,000,000 to G, a small lessee, and KRW 712,58,592 to the Plaintiff, a mortgagee, as the right to collateral security (hereinafter “instant distribution schedule”).

On the date of the above distribution, the plaintiff made a statement of objection against the total amount of dividends of the defendant, and seven days thereafter.