1. The judgment of the first instance on the principal lawsuit and counterclaim shall be revoked in all; and

2. The auction of the real estate C in Incheon District Court; and

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On May 8, 2012, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) granted a loan of KRW 128 million to B, and completed the registration of creation of a mortgage over the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”) in the order of KRW 167 million with respect to the maximum debt amount. B repaid the Defendant the principal amount of KRW 3 million on the date of the loan.

B. On May 31, 2012, B entered into a contract to establish a right of lease on a deposit basis with F and the owner of the instant real property with F as to the lease on a deposit basis, and completed the registration of the establishment of a right of lease on a deposit basis on the same day.

C. On March 7, 2013, the Plaintiff entered into a lease agreement with B and the instant real estate as KRW 19 million (hereinafter “instant lease agreement”) and remitted KRW 2 million to B on March 7, 2013 and KRW 17 million on March 14, 2013, respectively. The Plaintiff received the move-in report and the fixed date on March 14, 2013, which was the beginning date of the lease agreement of this case.

At the time of the instant lease agreement, B was in excess of the obligation, and the market price of the instant real estate was KRW 150 million.

E. On May 8, 2013, the Defendant filed an application for commencement of the auction of real estate rent of KRW 125 million, interest KRW 2,312,400,00 with respect to the instant real estate as the claim claim regarding the principal of the secured debt of the said right to collateral security (hereinafter “instant auction procedure”) and entered into this court C with respect to the instant real estate auction procedure (hereinafter “instant auction procedure”).

F. In the instant auction procedure, the Plaintiff asserted that the Plaintiff was a small lessee under the Housing Lease Protection Act, who leased the instant real estate in KRW 19,000,000, and claimed a distribution to the court of this case. However, the court of this case, among the amount to be actually distributed on December 26, 2013, the date of distribution of the instant auction procedure, 76,724,394, the date of distribution, 161,740, and 2, to the attorney-at-law in bankruptcy in Incheon, who is a mortgagee, the Defendant, who is a right to collateral security, distributed each of the amount of KRW 76,562,654 to the Defendant.