A. The defendant and D are on the ground of Yangcheon-gu Seoul E and one parcel.

A. On September 5, 2012, the Plaintiff sold to D the KRW 217,00,000 of the fourth floor G G on land, other than Yangcheon-gu, Seoul, and one parcel owned by the Plaintiff (hereinafter “instant apartment”). While the remainder of the purchase price was not paid KRW 90,00,000, the Plaintiff had completed the registration of ownership transfer to D on October 8, 2012. To secure the remainder of the purchase price, on October 9, 2012, the Plaintiff completed the registration of ownership transfer with respect to the instant apartment, with the maximum debt amount of KRW 18,00,000,000,000, and the registration of ownership transfer with the debtor D (hereinafter “instant collateral security”).

B. On July 11, 2013, the Defendant entered into a lease agreement between D and D to lease the instant apartment at KRW 30 million (hereinafter “instant lease agreement”).

C. Meanwhile, on October 8, 2012, Nonparty H obtained the registration of establishment of the instant apartment as the maximum debt amount of KRW 22.5 million with respect to the instant apartment, and the debtor D. On December 23, 2013, Nonparty H applied for the auction of real estate to Seoul Southern District Court C on the basis of the foregoing right to collateral security, and completed the registration of the decision to commence voluntary auction on December 26, 2013.

In the above auction procedure, the Plaintiff reported the secured claim of the instant mortgage amounting to KRW 90 million with principal and interest KRW 39,501,369, and the Defendant asserted that the instant apartment was a lessee who leased the instant apartment amounting to KRW 30 million with the lease deposit, and filed an application for a report on the right and a request for distribution.

E. On the date of distribution of the above auction procedure implemented on December 18, 2014, on the ground that the Defendant is a small lessee under the Housing Lease Protection Act, a distribution schedule was formulated with the content that the Defendant distributes KRW 25 million to the Defendant, KRW 146,987,02 in the second priority order to the Defendant, and KRW 5,293,370 in the third priority order to the Defendant and the Plaintiff’s bankruptcy trustee D’s attorney-at-law in bankruptcy, and KRW 14,021,261 in the fourth priority order to the mortgagee of the right to collateral security (hereinafter “instant distribution schedule”).

E. The plaintiff is on the date of the above distribution.