1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

A. The Plaintiff is a co-owner who owns the share of 396/32560 of the Geumcheon-gu Seoul Metropolitan Government E site and the share of 1782/1980 of the share of 396/32560 of the above ground lending F

(2) The loan of this case (hereinafter referred to as "the loan of this case") is referred to as "the loan of this case" and the loan of this case is referred to as "the real estate of this case"

On December 13, 2016, the Plaintiff’s creditor filed an application for the commencement of compulsory auction on the instant real estate with Seoul Southern District Court C on December 13, 2016 (hereinafter “instant auction procedure”). At the instant auction procedure, the Defendant received dividends of KRW 34,00,00 as a lessee of small amount under the Housing Lease Protection Act, which caused KRW 70,000,000, as a lessee of small amount under the Housing Lease Protection Act, and the Geumcheon-gu Seoul Metropolitan Government Office received dividends in the first order; KRW 4,579,260 (10% of the dividend rate) in the second and third order as the delivery authority; and KRW 68,735,456 (22.61% of the dividend rate) as the applicant obligee (hereinafter “instant dividend schedule”).

C. On November 2, 2017, the Plaintiff, the owner of the instant loan and the debtor, was present on the date of distribution, and raised an objection against the whole amount of the Defendant’s dividends.

On the other hand, two lease agreements are made between the defendant and G on the loan of this case.

1) On August 10, 2008, the first lease contract (No. 5, hereinafter "the first lease contract") dated August 10, 2008.

A) The lease deposit is KRW 10 million, monthly rent of KRW 500,000, and the period of two years. On August 25, 2008, the Defendant completed the move-in report on the Loan of this case and resided in the auction procedure of this case for at least eight years in peace until December 13, 2016. 2) Meanwhile, the lease contract (No. 8-2, No. 8-2, 2015) was prepared between the Defendant and G on July 22, 2015. The lease deposit is KRW 70,000,000 and KRW 500,000,000,000,000. The real estate is the building on which approval for use has been granted, as a special agreement.