1. Revocation of a judgment of the first instance;

2. The above court in the case of the compulsory auction of real estate C with Changwon District Court Msan Branch C.

1. Basic facts

A. The Plaintiff filed a lawsuit against D for a loan claim with the Changwon District Court Masan Branch 2012Kadan3879, but on October 31, 2012, the Plaintiff was sentenced to a dismissal judgment from the said court. On July 24, 2014, the Plaintiff appealed with the Changwon District Court 2013Na3060 and rendered a judgment that “the Defendant (D) shall pay to the Plaintiff 43 million won and the amount at the rate of 20% per annum from January 31, 2012 to the date of complete payment.”

B. On May 6, 2009, D completed the registration of creation of a collateral (hereinafter “the instant collateral security”) against the Defendant on the ground of the contract to establish a collateral on April 16, 2009, under the Changwon District Court’s receipt of the registration office of 4389 with respect to the real estate Nos. 104 of the first floor F lending on the ground of the Gyeong-gun, Gyeong-gun, Gyeong-gun, and two parcels of land owned by the Defendant (hereinafter “instant real estate”).

C. After that, on April 8, 2010, the Plaintiff received the decision of provisional attachment by the Changwon District Court Branch Branch Branch of 2010Kadan232, and on the same day, the registration of provisional attachment was completed in the future of the Plaintiff with respect to the instant real estate at issue.

On the other hand, according to the creditor G’s application, the procedure for compulsory auction of the instant real estate was commenced to the Changwon District Court Msan Branch C with respect to the instant real estate. At that auction procedure, the said court, as to the amount of KRW 59,466 out of the purchase price of KRW 61,150,00 on December 27, 201, prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 30,000 equivalent to the maximum debt amount, and the amount of KRW 4,244,410 out of the claim amount, to the Defendant, who is a mortgagee, who is a person holding the right to a provisional seizure, as the right to a claim for provisional seizure, raised an objection against the entire amount of dividends by attending the said distribution date and raising an objection against the Defendant on December 30, 2011.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6 (including additional number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion.