1. Revocation of the first instance judgment.

2. On July 24, 2018, the Daegu District Court rendered a judgment on the auction of D's real estate.

1. Basic facts

A. On March 15, 2017, the Plaintiff completed the registration of creation of a neighboring mortgage with the debtor J and the maximum debt amount of KRW 70 million based on the joint security of the F G apartment No. H and No. 4 stories, etc. on the F-based G apartment owned by Youngcheon-si, Youngcheon-si.

(2) In relation to the registration of the establishment of a new apartment, the Plaintiff extended KRW 70 million to J on July 30, 2014, and completed the registration of the establishment of a new collective housing (hereinafter referred to as the “instant apartment”) with respect to the establishment of a new collective housing (hereinafter referred to as the “instant apartment”) with respect to the construction of a new collective housing (hereinafter referred to as the “instant apartment”). As to the construction of a new collective housing (hereinafter referred to as the “instant apartment”), the Plaintiff completed the registration of the establishment of a new collective housing (hereinafter referred to as the “instant apartment”) against the instant apartment (hereinafter referred to as the “instant apartment”). As to the construction of a new collective housing (hereinafter referred to as the “instant apartment”), the Plaintiff completed the registration of the establishment of a new collective housing (hereinafter referred to as the “instant apartment”).

B. On May 15, 2017, K Union, a collateral security right holder, obtained a voluntary decision to commence the auction of the instant Hho Lake and I apartment units, etc. with the Daegu District Court D (hereinafter “instant auction procedure”). On July 24, 2017, the Plaintiff filed a report on the right and the demand for distribution at the instant auction procedure.

C. On July 24, 2018, on the date of distribution of the instant auction procedure, the said court: (a) deemed Defendant B as the lessee of the small amount of the instant apartment unit No. H, and Defendant C as the lessee of the small amount of the instant apartment unit No. 15 million won in the first priority order; and (b) drafted a distribution schedule with the content that distributes 100% of the amount of credit to the relevant small lessee and the relevant creditors; and (c) to K Union, the creditor who is the senior mortgagee and the creditor who is the applicant for the right to collateral security, to distribute 53.91% of the amount of credit (hereinafter “instant distribution schedule”); and (d) the Plaintiff, the subordinate mortgagee, did not receive the distribution.

The Plaintiff appeared on the date of distribution, and raised an objection against the amount of distribution to the Defendants, and filed the instant lawsuit on July 27, 2018, which was seven days after the said date.

Grounds for recognition: Facts without dispute, A1, .