A. On February 24, 2016, the Plaintiff completed the registration of creation of a collateral security with respect to F Building G, Busan, which was owned by E (hereinafter “instant real estate”). The Plaintiff completed the registration of creation of a collateral security with respect to the obligor E, mortgagee, and maximum debt amount of the instant real estate amount of KRW 30 million.

B. On November 1, 2016, the Defendant entered into a lease agreement with E with respect to the instant real estate with KRW 20 million, KRW 350,000 per month, and KRW 350,000 per month, and from November 1, 2016 to October 31, 2017. (2) The Defendant continued to reside after being handed over the instant real estate from around that time, and paid the amount to E by July 31, 2017.

C. On June 22, 2015, H Cooperatives completed the registration of the establishment of a neighboring mortgage with respect to the instant real estate at issue, E, a mortgagee of the right to collateral security, and the maximum debt amount of KRW 213,93,00. 2) H Cooperatives filed an application for the auction of the instant real estate with the Busan District Court Branch D, and the decision to commence the auction of the instant real estate was rendered on June 28, 2017.

3) In the above auction procedure, the instant real estate was sold to a third party on August 10, 2018. The auction court held that the amount of KRW 167,751,025, which was to be distributed on October 1, 2018, less KRW 3,222,305, which was to be distributed on the date of distribution (the proceeds of sale KRW 167,730,000, interest KRW 21,025), shall be the amount to be actually distributed, and the following distribution schedule (hereinafter referred to as “instant distribution schedule”) shall be deemed to be the amount to be actually distributed, and the amount to be distributed:

(1) The Plaintiff appeared on the date of distribution and raised an objection against the Defendant. The Plaintiff appeared on the date of distribution as a subordinate mortgagee and appeared on the date of the above distribution, and raised an objection against the amount of distribution against the Defendant. The Plaintiff appeared on the date of the above distribution as a subordinate mortgagee, and raised an objection against the amount of distribution against the Defendant. The Plaintiff appeared on the date of the above distribution as a subordinate mortgagee, and raised an objection against the amount of distribution against the Defendant.