A. On August 18, 2014, the Plaintiff established the right to collateral security, which is the maximum debt amount of KRW 54 million, with respect to the ESE apartment Nos. 103 Dong 1309 (hereinafter “instant apartment”), which is owned by D, as the debtor, with respect to the ESE apartment Nos. 103-dong 1309 (hereinafter “instant apartment”).

B. On July 14, 2015, the Defendant entered into a lease agreement with D on the condition that the instant apartment is leased at KRW 28 million, monthly rent of KRW 1 million (2 million in monthly rent of KRW 2.0 million in monthly rent of KRW 2.0 million in monthly rent of KRW 2 months), from August 3, 2015 to December 12, 2015 (hereinafter “instant lease agreement”).

C. On October 26, 2015, on the instant apartment, Korea Co., Ltd., Ltd., a collateral security right, filed a voluntary decision to commence the auction on October 26, 2015, and thereafter, the decision to commence the auction was rendered in duplicate with Seoul Southern District Court C on November 3, 2015 upon the Plaintiff’s request.

In the above auction procedure, the court of execution prepared a distribution schedule (hereinafter referred to as the "distribution schedule of this case") stating that the defendant, who is a lessee of small claims, is entitled to receive KRW 28,840,00,00 and KRW 28,000, and the second order (relevant tax) with the order of priority 16,840 and KRW 66,14,238, and the fourth order with the order of priority 8,976,051, and 160,023,949, and 160,839,584, who is a mortgagee, shall be the non-mortgage, to the National Bank of Korea, the non-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed.

E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the total amount of the Defendant’s dividends, and filed the instant lawsuit on June 22, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion

A. The main point of the Plaintiff’s assertion is that the instant lease agreement was concluded in collusion with lessor D, etc., or is prescribed in the Housing Lease Protection Act.