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

A. On May 18, 2010, the Plaintiff completed the registration of the establishment of a neighboring mortgage on the real estate indicated in the separate sheet owned by C (hereinafter “instant real estate”) in order to secure the claim against Nonparty C, as indicated in the separate sheet owned by C, with a maximum debt amount of KRW 72 million.

B. The Plaintiff filed an application for voluntary auction on the instant real estate based on the foregoing right to collateral security, and on November 11, 2013, Incheon District Court B rendered a decision to commence voluntary auction, and the auction procedure was in progress.

C. On December 31, 2013, while the above auction procedure was in progress, the Defendant filed a report on the right and demand for distribution by asserting that it is a lessee who paid the lease deposit amount of KRW 20 million pursuant to a lease agreement concluded with C on October 3, 2010 (hereinafter “instant lease agreement”).

On September 26, 2014, the date of distribution, in the above auction procedure, the distribution schedule was prepared to distribute KRW 23,285,713 to the Defendant as the first-order lessee and the Plaintiff as the third-order mortgagee (hereinafter “instant distribution schedule”). On September 26, 2014, the Plaintiff appeared on the aforementioned distribution date, and made a statement of objection to the distribution against the total amount of the Defendant’s dividends, and filed a lawsuit of objection to the distribution of the instant case within one week thereafter.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, 16, and 19, the purport of the whole pleadings]

2. Judgment as to the main claim

A. The Defendant asserting that the Plaintiff’s assertion is merely the most lessee who abused the protection system for small lessee by concluding a false real estate lease agreement, thereby seeking correction as to the instant distribution schedule, which recognized the Defendant as a legitimate small lessee and distributed KRW 20 million, as stated in the purport of the claim.

B. In a lawsuit of demurrer against distribution, the Plaintiff should assert and prove the facts constituting the grounds for objection against distribution. Therefore, the Plaintiff raised a demurrer against distribution by asserting that the other party’s claim is disguised.