A. On September 1, 2014, the creditors of the Daejeon District Court filed an application for the auction of real estate rent with the Daejeon District Court B on September 2, 2014, regarding the building on the fourth floor and the above fourth floor (hereinafter “instant real estate by combining the above land and buildings”) owned by C, and the auction procedure (hereinafter “instant auction”) began on September 2, 2014.

B. In the instant auction procedure, the Plaintiff acquired the claim and collateral security against C from the Industrial Bank of Korea, filed a report on the rights and demand for distribution of the principal amounting to KRW 336,70,000, interest amounting to KRW 41,01,887, totaling KRW 377,711,887.

C. On September 17, 2014, the Defendant concluded a lease agreement with C on July 28, 2014 with respect to part of the fourth floor of the instant real estate (hereinafter “instant leased agreement”) as follows (hereinafter “instant lease agreement”), and completed the move-in report on August 6, 2014, and received the fixed date on September 11, 2014, and claimed that the Defendant filed a report on the right and received a demand for distribution.

Deposit KRW 20,000,000 for down payment of KRW 20,000 and intermediate payment of KRW 10,000,000 for the remainder payment of KRW 8,000,000 for July 28, 2014, and KRW 10,000 for the period of lease payment of August 1, 2014 to July 27, 2016. < Amended by Presidential Decree No. 25521, Jul. 28, 2014>

D. On September 17, 2015, the Daejeon District Court prepared a distribution schedule that distributes the amount of KRW 19,00,000 to the Defendant on the date of distribution of the instant auction procedure; KRW 1,569,830 to the Seo-gu, Daejeon; and KRW 335,834,74 to the Plaintiff (hereinafter “instant distribution schedule”); on September 22, 2015, the Plaintiff appeared on the date of distribution on the date of distribution and stated an objection against the amount of distribution to the Defendant; and filed a lawsuit of demurrer against the instant distribution on September 22, 2015, within seven days thereafter.

[Ground of recognition] Unsatisfy, Gap evidence 2 through 6 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged by the parties 1 is a lease contract concluded between the plaintiff and C.