A. The Plaintiff acquired the right to collateral security loans secured by the non-party Industrial Bank of Korea with respect to the right to collateral security (hereinafter “instant real estate”) against the 5th floor F of the F-5th floor of the plot of land (hereinafter “instant real estate”) owned by D, Busan Dong-gu, Busan, and 1.

On September 15, 2014, the Plaintiff participated in the Busan District Court B and C (Dual) auction procedure (hereinafter “instant voluntary auction procedure”) in the said real estate as a creditor.

B. In the instant voluntary auction procedure on October 15, 2014, the Defendant filed a report on the right to lease and a request for distribution with the content that “3 partitions and 50 million won in the leased portion, from March 10, 2014 to March 10, 2016 during the period of possession, from March 10, 2014 to March 10, 2016, from March 28, 2014; the fixed date of transfer; April 17, 2014; the contract date March 10, 2014; and March 27, 2014 from the date of occupancy.”

C. On June 24, 2015, the auction court of the instant voluntary auction procedure prepared a distribution schedule (hereinafter referred to as the “distribution schedule of this case”) stating that each of the amount of KRW 19,00,00 (the dividend rate of KRW 38%, the amount of credit of KRW 50,000) to the Defendant as the first lessee (the small lessee) among the amount of actual dividends of KRW 206,983,348, and the amount of KRW 187,745,748 (the amount of credit of KRW 87.24%, the amount of credit of KRW 221,204,07, the maximum amount of credit of KRW 215,200,000) to the Plaintiff as the fourth applicant creditor (the amount of mortgage).

On June 24, 2015, the Plaintiff appeared on the date of distribution, and stated that he/she had an objection to the whole amount of the Defendant’s dividends among the instant distribution schedule, and filed the instant lawsuit on June 29, 2015, within seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 5, each entry of Gap evidence 8 (including each number; hereinafter the same shall apply), the purport of whole pleadings

2. Determination

A. Even if the defendant is the most lessee or is not, the defendant's lease contract was concluded with the purpose of gaining unjust profits by abusing the protection system of small lessee.