A. On October 9, 2009, the Plaintiff’s ground for acquiring the right to collateral security was collected to be a Savings Bank, which is called the Savings Bank, and on October 9, 2009, the Plaintiff completed the registration of creation of the right to collateral security at KRW 156,00,000 with respect to the apartment of this case as stated in the attached list owned by D, and thereafter, on December 4, 2012, the court C and hereinafter “the auction procedure of this case”) was called the “the auction procedure of this case.”

Meanwhile, on the other hand, on December 27, 2012, the Savings Bank completed the supplementary registration of the transfer of the right to collateral on the ground of the transfer of the right to collateral on the ground of Scream, Sc, Sc, Sc, a corporation, on January 14, 2013, entered the supplementary registration of the transfer of the right to collateral on the ground of the transfer of the right to collateral.

B. During the instant auction procedure, the Defendant filed a report on the right and the demand for distribution by asserting that he is a small lessee under Article 8 of the Housing Lease Protection Act for the instant apartment at the executing court.

In the instant auction procedure on September 30, 2013, a court of execution: (a) distributed KRW 20 million to the Defendant who applied for a demand for distribution as a small lessee on the date of distribution; and (b) prepared a distribution schedule with the content of distributing KRW 90,214,795 in the order of priority to the Defendant, who is the applicant creditor and the mortgagee, as the right to collateral security (hereinafter referred to as “instant distribution schedule”); (c) on the date of distribution, the Plaintiff stated an objection against KRW 20 million against the Defendant on the date of distribution; and (d) filed the instant lawsuit on October 4, 2013, a week thereafter on the date of distribution; (e) filed the instant lawsuit on October 4, 2013.

2. Determination on the cause of the claim

A. On June 12, 2012, the Defendant asserted that the Defendant concluded a lease agreement with D on the instant apartment as KRW 22 million with respect to the instant apartment between the Plaintiff’s assertion of the parties, and that the lease agreement was concluded between D and D, and that KRW 20 million was KRW 20 million in the instant auction procedure.