The Plaintiff lent KRW 462,00,000 to C around August 2012, the same month.

9. C, D, and E (hereinafter referred to as “C, etc.”) obtained registration of the establishment of a mortgage with respect to the F building Nos. 203, 203, 48.56, and 202, 301, 302, 302, 303, 402, and 403 (hereinafter referred to as “the instant real estate”) of the same title, which are owned by them, from C, D, and E (hereinafter referred to as “C, etc.”).

B. As of September 9, 2013, the Defendant prepared a lease contract (hereinafter “instant lease contract”) under which the lease deposit amount is KRW 23 million with respect to the instant housing as of September 9, 2013 with C, etc., and on the same day, received a fixed date in the instant lease contract, and completed the move-in report with the instant housing.

C. The Plaintiff did not pay interest from June 9, 2013. Around October 2013, the Plaintiff filed an application for voluntary auction of the instant real estate based on the said right to collateral security with this court B, and the auction procedure was commenced on the 23th of the same month. On the open distribution date on September 5, 2014, the instant court drafted a distribution schedule with the content that distributes the amount of KRW 19,840,00,000 to the Defendant, a small lessee, who is a collateral security holder, to the Plaintiff, who is the mortgagee, in the first order from KRW 346,889,472, which is the amount of actual dividends after deducting the enforcement cost from KRW 353,829,510,00, which is the sales price, etc. of the instant real estate.

On September 11, 2014, the Plaintiff raised an objection against the amount of distribution to the Defendant on the date of the said distribution, and filed the instant lawsuit with the instant court on September 11, 2014, which was seven days thereafter.

2. The Parties.