1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

1. Facts of recognition;

A. On June 28, 2012, the Defendant: (a) lent KRW 212 million to C with interest rate of KRW 10.4% per annum (it shall be 25% per annum); and (b) completed the registration of establishment of a neighboring mortgage on June 28, 2013 with respect to the instant real estate, which is the maximum debt amount of KRW 275.6 million, to secure this.

B. C’s creditor Hyundai Capital Co., Ltd.: (a) registered the instant real estate on February 1, 2013 as the claimed amount of 21,174,445; (b) provisional attachment on March 29, 2013; (c) provisional attachment on the claim amounting to 96,731,865; (d) provisional attachment on April 8, 2013; and (e) provisional attachment on the claim amounting to 20,453,321; and (e) a decision to commence compulsory auction on April 19, 2013 (the application for commencement of auction was withdrawn on May 27, 2013).

C. On the other hand, on March 20, 2013, the Plaintiff entered into a lease agreement with C on the condition that the sale and purchase price of KRW 230 million was KRW 250 million from KRW 250 million from KRW 150 million from KRW 150 million from KRW 160 million from KRW 200 million, and that the lease deposit amount was KRW 285 million from April 5, 2013 to April 5, 2015 with regard to the instant real estate, the lease deposit amount was paid KRW 2850,000 on the date of the contract (hereinafter “instant lease agreement”). The Plaintiff agreed to pay the remainder of KRW 2,565,00 from KRW 2,565 on April 5, 2013 and transferred the remainder to C through its own D-type deposit account after completing the fixed date on March 28, 2013.

In addition, the plaintiff's punishment D and Cho Dong E completed the move-in report on October 31, 2013.

After that, on November 4, 2013, upon the Defendant’s application for commencement of voluntary auction, the instant auction procedure concerning the instant real estate was in progress. In the instant auction procedure, the court, on July 24, 2014, distributed KRW 276,40, and KRW 206,652,598 to the Defendant, who is the mortgagee, in the second order, who is the mortgagee, in the order of priority. On the date of distribution, the Plaintiff raised an objection against KRW 25 million out of the amount of dividends against the Defendant on the said date of distribution.

[Ground of recognition] without any dispute, Gap 1 to 3, 5, 7, and Eul.