1. Revocation of a judgment of the first instance;

2. In the case of the voluntary auction of real estate C with the Suwon District Court, the above court shall conduct the auction of the real estate in Suwon District Court.

1. Facts of recognition;

A. As to the apartment buildings indicated in the separate sheet that D and E own one half shares (hereinafter “the apartment of this case”), a new bank completed the registration of the establishment of a neighboring mortgage on the debtor D and the maximum debt amount of debt amount of 912,00,000 as the debtor D and the maximum debt amount of 912,00,000,000, under the title of 48304, which was received on June 15, 2006 by the same registry office, under the title of 48304, as to the apartment buildings indicated in the separate sheet list that D and E own one half shares (hereinafter “the apartment of this case”).

B. On April 18, 2013, the Plaintiff received the transfer of each of the above collateral security and secured claims from the new bank, and upon the Plaintiff’s application, the procedure of the auction of the real estate was commenced on April 18, 2013 with the Suwon District Court Sung-nam Branch C.

C. Meanwhile, on the other hand, on January 16, 2013, Defendant A prepared a lease contract with E on January 25, 2013, under which Defendant B wishes to lease one room of the instant apartment with the term of KRW 30 million and one year for lease. On January 29, 2013, Defendant A completed the move-in report of the instant apartment on the same day after obtaining the fixed date from each of the above lease contracts.

In the auction procedure for the above apartment of this case, the execution court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that each of the Defendants, who are the first-class lessee of small amount of KRW 852,120,438, who is the third-class collective security right, distributed the amount of KRW 16,00,000,000, and the third-class collective security right, who is the third-class collective security right, distribute each of the amount of KRW 817,579,58 to the Plaintiff.

E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the total amount of the Defendants’ dividends, and filed the instant lawsuit on February 11, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 2 and 3 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the parties’ assertion

(a)a party’s assertion;