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 June 10, 2004, the National Bank Co., Ltd. registered the establishment of a mortgage of KRW 520,000,000 on the E apartment Nos. 703, 902, 163.63 square meters (hereinafter “the apartment of this case”) owned by D, and registered the establishment of a mortgage of KRW 117,00,000 on October 15, 2008.

B. On March 23, 201, the Defendant entered into a contract with D to lease the instant apartment (hereinafter “instant lease contract”) with a deposit of KRW 30,000,000,000 per month, KRW 1,20,000 per month, and the period from May 21, 201 to May 21, 2013 (hereinafter “the instant lease contract”), and entered into a contract with D to lease the instant apartment from May 21, 201 (hereinafter “the instant lease contract”). D’s down payment of KRW 3,00,000 on the same day, and the same year.

5. The payment of the remainder 27,00,000 won was made, and the apartment of this case was delivered, and the moving-in report was completed on May 23, 201, and is residing in the apartment of this case.

C. On July 26, 2012, with respect to the instant apartment, the procedure for compulsory auction was initiated by the Seoul Northern District Court B, and on December 13, 2012, the procedure for voluntary auction was initiated by the Seoul Northern District Court C.

(hereinafter referred to as “instant auction procedure,” in total, D.

The plaintiff acquired each of the above collateral security claims from the National Bank Co., Ltd. during the auction procedure of this case, and reported to the creditor to the court of execution. The defendant reported to the court of execution the right to return the lease deposit and demanded a distribution.

E. On November 19, 2013, a court of execution distributed KRW 16,00,00 to the Defendant with a priority repayment right under the Housing Lease Protection Act in the first order as to the amount to be actually distributed as of the date of distribution on November 19, 2013. The court of execution prepared a distribution schedule with the content that distributes KRW 413,282,103 out of the secured debt of each of the above secured claims (hereinafter “instant distribution schedule”) to the Plaintiff in the third order.

F. On November 19, 2013, the Plaintiff appeared on the date of distribution, and raised an objection against the total amount of the Defendant’s dividends.