A. D as the owner of the instant apartment Nos. 103 and 702 (hereinafter “the instant apartment”) in Young-gu, Young-gu, Young-gu, the Republic of Korea established the first priority right to collateral security with respect to the instant apartment. On July 22, 2015, Korea Bank established the second priority right with respect to the instant apartment on September 11, 2015.

B. On March 30, 2017, Korea Savings Bank applied for a voluntary auction on the apartment of the instant apartment based on the second priority collective security and received a voluntary decision to commence auction from Suwon District Court B on March 30, 2017. The Plaintiff acquired the secured debt from the Savings Bank on May 31, 2017, and was transferred the said secured debt.

Since then, on September 11, 2017, Korea District Court F (Duplicate) rendered voluntary decision to commence auction on September 11, 2017.

(hereinafter referred to as “the voluntary auction of this case”)

In the instant voluntary auction procedure, the instant apartment was sold to G, and G paid the sale price on April 6, 2018.

Accordingly, on May 3, 2018, on the date of open distribution, the auction court prepared a distribution schedule stating that “The court distributes the amount of KRW 20 million to the Defendant, who is the highest priority lessee, and distributes the amount of KRW 50,98,853 to the Plaintiff, who is the applicant obligee as the second priority mortgagee.”

On the date of distribution, the Plaintiff raised an objection to the whole amount of dividends to the Defendant, and on May 10, 2018, filed the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion (1) The defendant is merely the most lessee, and the total amount of dividends against the defendant should be distributed to the plaintiff.

(2) Even if the Defendant is a genuine tenant, the Defendant did not pay the rent from April 2017 to May 3, 2018, which was after the decision to commence the auction. Thus, the remaining lease deposit of the Defendant is the remainder.