1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On December 2012, the Gyeyang Agricultural Cooperative filed an application for voluntary auction of real estate with the right to collateral security on the real estate owned by the GJJ 331 square meters and its ground owned by B, I, I, 227 square meters and the attached list, which is the building on the land owned by K, K large 31 square meters and L large 35 square meters (hereinafter referred to as “each land and building”), and filed an application for voluntary auction of real estate on the 26th of the same month with the Suwon District Court W, Suwon District Court C for the voluntary auction procedure of the instant real estate (hereinafter referred to as “instant auction procedure”).

B. In the above auction procedure, on December 13, 2010, the Defendant concluded a lease contract with regard to the second floor (hereinafter “instant housing”) among the real estate listed in the attached Table list (hereinafter “instant housing”), which is KRW 20 million, monthly rent of KRW 200,000,000, and the lease term from January 29, 201 to January 28, 2013 (hereinafter “the instant lease contract”). The Defendant asserted that he/she had resided in the instant housing since he/she received a fixed date and received a move-in report on January 19, 201, and filed a request for a report and demand for distribution with the said auction court as a lessee on February 13, 2013.

C. On October 17, 2013, the Plaintiff acquired the dividend claim to be received by E in the above auction procedure from the mortgagee, who is the mortgagee of J’s land and its ground buildings, I’s land and its ground buildings, and E notified B of the assignment of the claim on October 18, 2013.

On October 30, 2013, the above auction court prepared a distribution schedule to distribute the amount of KRW 12 million to the Defendant, who is a lessee of small claims, KRW 2,00,000, KRW 266,278, and KRW 266,278, and KRW 200,000, KRW 221,000, and KRW 313,447 to the Plaintiff, who is a mortgagee, respectively, in the order of priority on the date of distribution.

The Plaintiff filed the instant lawsuit on November 5, 2013, after stating an objection to the whole amount distributed to the Defendant on the date of distribution.

[Ground of recognition] Unsatisfy, A(1) through (3)