1. Revocation of a judgment of the first instance;

2. Defendant C shall pay KRW 21,492,045 to the Plaintiff (Counterclaim Defendant) and KRW 15,038,709 among them.

1. Facts of recognition;

A. On March 11, 2015, Korea Housing Finance Corporation Company D filed an application for a voluntary auction of real estate regarding the instant real estate with Seoul Southern District Court E. On May 7, 2014, the said execution court rendered a decision to commence auction on May 7, 2014, and on May 11, 2014, the decision to commence voluntary auction was registered.

B. On May 27, 2014, Defendant Company reported the lien to the executing court in the auction procedure for the said real estate.

The content of the report is that the Defendant Company occupied the instant real estate with the consent of F in order to exercise lien on the instant real estate, which is a new apartment unit, under a subcontract for the construction of a new apartment among the construction works of removing 12 households of the Geumcheon-gu Seoul Metropolitan Government G lent Housing from the Korea Limited Company F on January 5, 2012 and constructing a new apartment. However, even though the construction was completed on July 31, 2012, it did not receive the construction cost of KRW 145,095,00,000 for the construction cost of the new apartment.

C. The enforcement officer conducted a survey on the current status on May 20, 2014 in accordance with the order to investigate the current status of the above executing court and prepared a survey on the current status.

As of the date of the investigation into the current status, Defendant C was residing in the instant real estate as a tenant, and the date of the transfer is December 11, 2012, and the rent is KRW 500,000 per month.

Based on the results of such a survey, the above execution court received the lien report from the defendant company on the list of the sold goods prepared on October 23, 2014, but it stated that the lien establishment is unclear.

On November 26, 2014, the Defendant Company submitted an amendment to the effect that it reported C as the occupation assistant of the Defendant Company to the above executing court.

E. On March 11, 2015, the Plaintiff received the decision of permission for sale in the auction procedure of the said real estate and paid in full the sale price on April 15, 2015.

F. On April 15, 2015, the Plaintiff against Defendant C as Seoul Southern District Court I, and the Defendant Company on April 22, 2015.