A. On May 22, 2012, the Plaintiff decided to grant D a loan of KRW 100,000,000 to D at the maturity of payment on July 22, 2012 and at the rate of 3% per interest month.

(2) On May 22, 2012, the Plaintiff provided a joint collateral of KRW 130,000 with the maximum debt amount of KRW 130,00,000,000, after deducting the interest of KRW 6,000 from the preferred interest of KRW 6,00. On the same day, the Plaintiff created a joint collateral of KRW 130,00,000 with the real estate listed in the separate list owned by D (hereinafter “instant real estate”) for the security of the instant loan claim.

B. Before establishing the right to collateral security on the instant real estate, the Plaintiff became aware that the Defendant was residing in the instant real estate.

The Plaintiff, who is likely to suffer a fall in the value of the security, said D is the Defendant’s seat and is residing without compensation in the instant real estate. On May 21, 2012, the Defendant prepared a free lease memorandum to the effect that “D is moving into the instant real estate in obtaining a loan from the Plaintiff, and is currently residing in the instant real estate, but the owner of the instant real estate did not enter into a lease agreement and is currently residing without compensation.” On the other hand, the Defendant concluded a free lease memorandum to the effect that “D is liable for all civil and criminal

C. On April 22, 2013, the Defendant entered into a contract to lease the instant real estate from D with KRW 50,000,000, monthly rent of KRW 800,000 (i.e., payment of KRW 50,000,000 by the due date; hereinafter “instant lease contract”) and obtained a fixed date on April 23, 2013 from the instant lease contract.

Since then, Seoul, a senior mortgagee of the instant real estate, was in progress with the application of the Bupyeong Saemaul Community Depository C, and the voluntary auction procedure for the instant real estate was in progress on the date of distribution open on February 24, 2016.