1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Based on the facts, the Plaintiff’s claim-type mutual savings bank (hereinafter “sub-type mutual savings bank”) entered into a loan agreement with D on September 4, 2014 at the rate of 105,00,000 won per annum, interest rate of 10% per annum, and 25% per annum per annum. In order to secure the above loan claim on the same day, the Plaintiff completed the registration of the establishment of a neighboring mortgage amount of KRW 136,00,000 with respect to the instant real estate owned by D.

On September 15, 2015, Sejong Mutual Savings Bank transferred the right to collateral security (including all subordinate claims of KRW 103,472,943 as of September 15, 2015, and interest thereon, delay damages, and provisional payment) based on the said loan agreement to the non-party UNEL Co., Ltd. (hereinafter referred to as “Korea LEL”), and notified the transfer of the right to collateral to D on October 7, 2015.

On September 24, 2015, the Republic of Korea transferred the right to collateral security (right to collateral security) acquired from the Sejong Mutual Savings Bank to the Plaintiff, and notified D of the assignment of the right to collateral on October 7, 2015.

Around August 31, 2015, the Defendant entered into a lease agreement with D with regard to “three parcels of land” among the instant real estate (hereinafter “instant lease agreement”) with D, with a deposit for lease from September 1, 2015 to August 31, 2017 (hereinafter “the lease agreement”), and paid D KRW 1,00,000,00 as a deposit for lease on August 31, 2015, and KRW 2,00,000,000 on September 19, 2015; and KRW 12,00,000,000 on September 25, 2015.

The Defendant completed the resident registration of the instant real estate on September 7, 2015, and obtained a fixed date in the said lease agreement.

On September 10, 2015, the Daejeon District Court C voluntary auction procedure (hereinafter referred to as "the auction procedure of this case") was applied by Sejong Mutual Savings Bank, a mortgagee, for the instant real estate in the process of the auction procedure.

(a) was commenced.

In the above auction procedure, the plaintiff submitted the claim statement as the transferee of the applicant creditor, and the defendant shall report the right as the lessee and demand the distribution.