2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff leased H KRW 100,000,000 to H and concluded a mortgage agreement with the maximum debt amount of KRW 130,000,000 with respect to a house as stated in the H’s claim for the purpose of collateral security (hereinafter “instant house”), and completed the registration of the establishment of a neighboring mortgage as the Seoul Southern District Court No. 40176, Jun. 23, 2009.

H on September 21, 2009, sold the instant house to E, completed the registration of ownership transfer on October 15, 2009, and the said loan debt was acquired by E on the same day and changed to E by the debtor of the said right to collateral security.

B. On May 15, 2017, the Defendant leased the instant house from E with a deposit of KRW 21,00,000,000, and the period from July 1, 2017 to July 1, 2019 (hereinafter “instant lease agreement”).

The defendant confirmed that the certificate of real estate registration was inspected as a special agreement.

The Defendant completed a move-in report on June 22, 2017, after obtaining a fixed date from the instant lease agreement on June 21, 2017.

C. As E did not pay interest on the debt borrowed from the Plaintiff, the Plaintiff filed an application for voluntary auction based on the right to collateral security on the instant housing and commenced the auction procedure for real estate auction (hereinafter “auction of this case”) with the court.

The appraisal price of the instant housing was KRW 198,00,000 (based on August 29, 2017), but was sold in KRW 127,90,000,00. On July 20, 2018, the court distributed KRW 20,000 to the Defendant, who is the lessee of small amount on the date of distribution, and KRW 10,000,000 to the Plaintiff, the applicant creditor and the mortgagee, the mortgagee, and KRW 105,192,03 in the second order to the Plaintiff.

Accordingly, on the date of the above distribution, the Plaintiff stated an objection against KRW 12,229,470 out of the amount of dividend distributed by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 9, the purport of the whole pleadings

2. Judgment as to the main claim

A. The plaintiff's assertion is the most lessee of the defendant, and thus, the distribution schedule of the auction of this case is claimed.