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. Basic facts

A. On April 4, 2013, the Defendant entered into a lease agreement with C, the owner of F apartment 305 Dong 710 (hereinafter “instant apartment”) located in Seoul Special Metropolitan City, Nowon-gu, with the content that the said apartment is leased KRW 30,000,000, monthly rent of KRW 850,000 (if the provisional attachment on the instant apartment is terminated, the monthly rent will be paid upon the termination of the provisional attachment on the instant apartment), from April 18, 2013 to April 18, 2015 (hereinafter “instant lease agreement”); thereafter, the said apartment was delivered at that time; thereafter, on April 22, 2013, the move-in report was made with the resident registration as the domicile of the said apartment; and obtained the fixed date lease agreement.

B. Meanwhile, the Industrial Bank of Korea (hereinafter “the Bank”) received from C each of the maximum debt amount of April 5, 2008, 180,000,000 won with respect to the apartment of this case, and 120,000,000 won with respect to the registration of the establishment of a mortgage on March 31, 2009, in order to secure the claim against Dlimb.

(hereinafter referred to as the “each of the instant collective security” and, for each of the instant collective security, the order is the “first collective security”, “second collective security” and “second collective security.”

On May 3, 2013, the Industrial Bank of Korea filed an application for the auction of real estate rent with the Seoul Northern District Court B regarding the instant apartment on May 3, 2013, and the auction procedure on the 6th day of the same month (hereinafter “instant auction procedure”).

On June 26, 2013, the Industrial Bank of Korea transferred to the Plaintiff the above claim against Daehan, which was secured by each of the instant collateral mortgages, in accordance with the procedure of assignment of claims under the Asset-Backed Securitization Act. Accordingly, the Plaintiff participated in the auction procedure of this case as the creditor.

E. On May 28, 2014, the auction court recognized the Defendant as a lessee of small claims under the Housing Lease Protection Act on May 28, 2014, which was the date of distribution of the instant auction procedure, and held the Defendant first priority in order to KRW 16,00,000, and to the Plaintiff third priority in order.