1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above revoked part shall be filed.

1. Scope of trial of this court after remand;

A. The Plaintiff filed a lawsuit against the Defendant and the Co-Defendant B, D, E (hereinafter “B”), and D “E” in the first instance trial. As to this, the first instance court rendered a judgment that partially accepted the claim against the Defendant and B and dismissed the claim against D and E.

B. As to the part against D in the judgment of the court of first instance, the Defendant filed each appeal against the part against which the Plaintiff lost, and the court prior to the remand rendered a judgment dismissing all the appeals of the Plaintiff and the Defendant.

C. As to this, the Plaintiff and the Defendant appealed, and the Supreme Court reversed the part against the Defendant regarding the Plaintiff’s claim before remanding, and remanded it to this court, and rendered a judgment dismissing the remaining Plaintiff’s appeal.

Therefore, the scope of this Court's trial after remand is limited to the part against the defendant regarding the plaintiff's claim in this Court's judgment before remanding, and except this, the remaining part of the plaintiff's claim

2. The reasoning for this part of the lower court’s reasoning is as follows: (a) and Article 3-1(1) of the Act on the Grounds of the first instance judgment; and (b) the part of the same is identical to the description, thereby citing it as is in accordance with the main sentence

3. The gist of the Plaintiff’s assertion is that the Defendant received dividends of KRW 20 million through the demand for distribution in the preceding auction procedure as a lessee for a part of the instant housing.

Nevertheless, in the auction procedure of this case, the defendant, in collusion with G, who is the actual owner of the above house, concluded a false lease contract for the previous leased part with the intention of receiving the priority repayment, and entered 22 million won in the distribution schedule of this case as the distribution right holder receiving the dividend through the method of obtaining the fixed date. The above lease contract has no effect, and it has exercised the right to preferential reimbursement in the preceding auction procedure.