A. On February 21, 2008, the Plaintiff was set up a collateral security right of KRW 120,000,000 with respect to the buildings listed in the separate sheet owned by B (hereinafter “instant apartment”) as collateral for a loan claim or a joint and several guarantee claim against B (hereinafter “instant apartment”).

B. Meanwhile, between B and December 31, 2014, the Defendant entered into a lease contract with the lease deposit of KRW 15,000,000, monthly rent of KRW 200,000, and the lease contract from December 31, 2014 to December 31, 2016 with respect to the first column among the instant apartment units (hereinafter “the lease”), and obtained a fixed date along with the move-in report on the date.

C. After that, on January 15, 2015, the auction procedure for the instant apartment was commenced with the Jung-gu District Court C upon an application for a compulsory auction by the Uloco Corporation. In the above auction procedure, on April 1, 2015, the Defendant filed a report on the right as a lessee and filed an application for a demand for distribution.

On March 10, 2016, the above auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 15,00,000,00 among the amount to be actually distributed on the date of distribution to the Defendant (small-sum lessee) in the first order, 68,218,536, in the third order.

E. Meanwhile, at the time of the instant lease agreement, B had no particular property other than the instant apartment (as of February 2, 2015, the appraised value of 158,00,000,000 won as of February 2, 2015) with positive property at the time of the instant lease agreement. However, as a passive property, the secured obligation of the instant right to collateral security (as of March 10, 2016, totaling KRW 214,676,191 as of the date of distribution) (as of March 10, 2016, totaling KRW 79,975,413 as of the date of distribution) and the obligation (as of the date of distribution, KRW 292,043,030 as of the date of distribution), other than the Credit Guarantee Fund, Seoul surety Co., Ltd., Ltd., the Bank of Korea, the Nonghyup Bank, and the Korea Card Co., Ltd., Ltd.,