1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. On September 9, 2008, the National Federation of Fisheries Cooperatives completed the registration of the establishment of the mortgage-backed mortgage-backed claims by the National Federation of Fisheries Cooperatives (the maximum debt amount of KRW 910,00,000, the debtor C) under No. 81039, which was received by the Suwon District Court at the time of Ansan-si Branching of the 116 Dong and No. 920 (hereinafter “instant apartment”) with respect to the E apartment Nos. 116, 920 (hereinafter “the instant apartment”). On July 2013, the Defendant acquired the secured debt from the National Federation of Fisheries Cooperatives.

B. D received the entire share from C on September 16, 2009 and completed the registration of transfer of ownership in its own name, and completed the registration of transfer of ownership on February 22, 201 to DF on the same day.

C. Meanwhile, on the other hand, the National Federation of Fisheries Cooperatives applied for the commencement of voluntary auction with respect to the apartment of this case to the Suwon District Court, which was subject to the said right to collateral security, and the auction procedure was conducted on April 19, 2013, and the Plaintiff had the same year.

6. 21. In the above auction procedure, the above auction procedure asserted that the apartment of this case is a lessee who has the right of priority repayment under the Housing Lease Protection Act, and filed a report on the right and demand for distribution.

On April 1, 2014, an execution court distributed KRW 51,630 out of KRW 86,436,793, which was the date of distribution to be actually distributed to the Defendant, who was the applicant creditor, and distributed the remaining KRW 86,385,163 to the Defendant, who was the applicant creditor, and prepared a distribution schedule that excluded the Plaintiff from the distribution (hereinafter “instant distribution schedule”).

E. The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against KRW 14,00,00 among the amount distributed to the Defendant, and filed the instant lawsuit on April 8, 2014, which was within one week thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 7 through 9, purport of the whole pleadings

2. The parties' assertion

A. At the time of July 22, 2004, the Plaintiff is between D and C, the right holder of the instant apartment.