1. Revocation of a judgment of the first instance;

2. Of the Defendant and C, as to the Damcheon-gu D Apartment-dong 506, 2013.

1. Basic facts

A. On March 7, 2013, the Defendant entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with respect to the lease deposit amount of KRW 22,00,000,000, monthly rent of KRW 300,000, and the term of lease from March 17, 2013 to March 16, 2015 with respect to the 506, Yongsan-gu D apartment (hereinafter “instant apartment”).

B. The Defendant, on the day of the instant lease agreement, remitted to C the remainder of KRW 2,00,000, KRW 18,000,000, and KRW 3,000,000 for the remainder of March 17, 2013, respectively, and completed the move-in report on the instant apartment on the 18th day of the same month, and received the fixed date, and thereafter resided in the instant apartment from around that time.

C. Meanwhile, on March 30, 2011, C borrowed KRW 114,00,000 from the Plaintiff, and the repayment date was set on March 30, 2013. On the same day, C completed the registration of creation of a mortgage over KRW 159,60,000 with respect to the instant apartment to the Plaintiff.

C In arrears with the repayment of interest on the above loan, on April 23, 2013, the Plaintiff filed an application for a voluntary auction of real estate related to the apartment of this case with the Incheon District Court Branch B, and on April 24, 2013, the voluntary auction procedure (hereinafter “instant auction procedure”) was commenced regarding the apartment of this case.

E. In the instant auction procedure on July 2, 2013, the Defendant reported the claim for return of the lease deposit amounting to KRW 22,00,000 based on the instant lease agreement, and the auction court, on January 23, 2014, prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the Defendant, who is a small lessee, distributes KRW 22,00,000 to the Plaintiff, who is the mortgagee, in the order of first priority among KRW 91,332,698, the amount to be actually distributed on the date of distribution that was held on January 23, 2014.

F. The Plaintiff appeared on the date of the foregoing distribution, and raised an objection to the whole amount of the said dividend to the Defendant, and thereafter filed the instant lawsuit on January 28, 2014, within seven days thereafter.

[Ground of recognition] Unsatisfy, A 1-3