1. Revocation of a judgment of the first instance;

2. On May 2012, 2012, as to No. C 2310, No. 604, May 6, 2012

1. Facts of recognition;

A. On December 15, 201, the Plaintiff concluded a mortgage agreement with respect to the debtor, B, and B (hereinafter “instant apartment”) Nos. 604 of the 6th floor of the 2310-dong, Namyang-si, Inc. (hereinafter “instant apartment”) on December 15, 201, and completed the registration of creation of a mortgage based on the said mortgage agreement (hereinafter “instant mortgage”). On the same day, the Plaintiff concluded a mortgage agreement, which was based on the said mortgage agreement.

On December 16, 2011, the Plaintiff entered into a loan transaction agreement with B on a yearly rate of 8.8%, repayment method of 1-year maturity, and 20.8% per annum, and loaned KRW 231,00,000 to B (hereinafter “instant loan”).

B. On May 2, 2012, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) to lease the instant apartment from B by setting the rental deposit amount of KRW 16,000,000, and the term of lease from May 7, 2012 to May 6, 2014, with the trade name “E” located in Ansan-si.

C. On May 2, 2012, the Defendant paid 1,600,000 won as down payment to B, and 14,400,000 won as of May 7, 2012, respectively.

The defendant completed a move-in report on May 7, 2012, and received a fixed date in the instant lease contract.

On the other hand, B, after paying the final interest on March 12, 2012, lost the benefit of time due to the delayed payment of the interest. Accordingly, the Plaintiff filed an application for the auction of the instant apartment on June 29, 2012, which was based on the instant right to collateral security, with the Jung-gu District Court D on June 29, 2012, and received the decision to commence the auction on July 2, 2012.

(hereinafter “instant auction”) e.

In the instant auction procedure, the said auction court distributes the amount of KRW 14,00,000,000 out of KRW 208,90,029, which is to be actually distributed on the date of open distribution on May 27, 2013, to the Defendant as a small amount lease deposit in the first order, and the remaining KRW 293,640,00 to the Defendant as the holder of the right of delivery in the second order, the remaining KRW 194,606,389, respectively, to the Plaintiff, who is the mortgagee.