1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On June 2, 2011, the Plaintiff is a mortgagee who completed the registration of creation of a neighboring mortgage of KRW 300 million on the three hundred and sixty-one-one hundred and sixty-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-third-one-one-one-one-one-one-one-one-one-party relationship

B. On August 30, 2013, the Busan District Court decided to commence compulsory auction of the instant real estate upon the application for a compulsory auction by the Seoul Guarantee Insurance Co., Ltd., which is a provisional seizure right holder B, and the entry registration was completed on August 30,

C. On September 13, 2013, the Defendant filed a report on the right and demand for distribution with the court of execution on September 13, 2013, asserting that he/she is a small lessee of the second floor of the building on the ground among the instant real estate (hereinafter “instant housing”). According to the real estate lease contract, etc. submitted by the Defendant in the said auction procedure, the Defendant entered into a lease contract with C on May 2, 2013, with C, with the lease deposit amount of KRW 10 million and KRW 450,000 per month for the instant housing (hereinafter “instant lease contract”), and completed the move-in report with the said housing on the same day as the resident registration date.

As a result of the auction, the court of execution prepared a distribution schedule of June 5, 2014 (hereinafter referred to as the "distribution schedule of this case") with the content that the defendant (small lessee) shall distribute KRW 10 million to E (small lessee), KRW 9 million to E (small lessee), KRW 131,909,581 to Seoul Guarantee Insurance Co., Ltd., and KRW 133,807,978 to the plaintiff (small mortgagee) to the extent that the court of execution distributes KRW 133,807,978 to the plaintiff (small mortgagee), 284,717,559, excluding execution expenses, etc. among the amount to be distributed to him.

E. On the date of distribution, the Plaintiff filed the instant lawsuit within one week after filing an objection against the whole amount distributed by the Defendant.

[Based on Recognition: Facts without dispute, Gap 1 through 4, respectively.