1. The part of the judgment of the first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

1. Basic facts

A. (1) On March 11, 2014, the Plaintiff completed the provisional attachment registration on the same day after receiving a decision on provisional attachment of real estate (Seoul Central District Court 2014Kadan35663) from Yongsan-gu Seoul, Yongsan-gu, Seoul (hereinafter “instant building”) with the claim claim amounting to KRW 5824,00,000 against E as the claim claim amounting to KRW 582.4 million.

(2) On June 10, 2015, the Plaintiff filed an application for a compulsory auction on the instant building, and the real estate compulsory auction procedure (hereinafter “prior auction procedure”) began with the Seoul Western District Court G on June 10, 2015, but withdrawn it on May 23, 2016.

(3) On May 18, 2017, the Plaintiff again filed for a compulsory auction on the instant building and started the procedure for compulsory auction on real estate as Seoul Western District Court D (hereinafter “instant auction procedure”).

(4) On March 15, 2018, the date of distribution of the instant auction procedure, KRW 182,706,281, which was the actual distribution of KRW 182,70,281, which was the date of distribution of the instant auction procedure, to HI who obtained a fixed date as a lessee with a small lessee and a fixed date ( KRW 34 million + KRW 26 million + KRW 34 million + + KRW 26 million + KRW 26 million) to the Defendant who obtained a fixed date as a lessee with a fixed date, 60,000,000 to the Defendant, who was a lessee with a small lessee and a fixed date, was prepared with the distribution schedule of KRW 77,575,575 (＋ KRW 192,740 + KRW 584,835) in Yongsan-gu Seoul Metropolitan Government, and the Plaintiff who was the person holding the right of seizure and provisional seizure ＋ KRW 115,406, 5081,3786

(hereinafter “instant distribution schedule”). B.

(1) On December 26, 2013, the Defendant entered into a lease contract with E on December 26, 2013 and the instant building with a security deposit of KRW 30 million (hereinafter “first-class lease contract”), and resided in K of the above branch of the instant building from around that time, and completed a move-in report at the domicile of the instant building on December 30, 2013.

(2) After November 9, 2016, the Defendant: (a) on November 9, 2016; (b) No. K in fact among the instant buildings; and (c) hereinafter “the instant building.”