A. On November 3, 2009, the Plaintiff loaned KRW 218,000,000 to B on the same day, and was set up a collateral security (hereinafter “instant apartment”) with respect to real estate listed in the separate sheet owned by B on the same day (hereinafter “instant apartment”).

B. On January 9, 2015, the Defendant entered into a lease agreement between B and B with the lease deposit amounting to KRW 25,00,000 for the instant apartment, and with the lease period from January 16, 2015 to January 15, 2017 (hereinafter “lease”), and obtained the fixed date in the instant lease agreement along with the move-in report on the same day.

C. On the other hand, on March 10, 2015, the Plaintiff filed an application for voluntary auction of the instant apartment on the basis of the instant collateral security, with the Jung-gu District Court C, and the Defendant filed an application for a report on the right as a lessee and a demand for distribution on March 30, 2015 in the auction procedure thereafter.

On September 22, 2015, the above auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 20,000,00 among the amount of KRW 217,567,478 to the Defendant (small-sum lessee), 197,283,778 to the Plaintiff (the creditor-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage) in the first order.

E. Meanwhile, at the time of the instant lease agreement, B had no specific property other than the instant apartment (the appraised value of the said auction procedure is KRW 235,00,000,000, and the sale price is KRW 220,99,900), which is an active property worth approximately KRW 222,50,000,000, in addition to the secured debt of the instant collective security (the total principal and interest as of September 22, 2015, as of September 22, 2015, as of the date of the preparation of the instant distribution schedule), on the other hand, not only the secured debt of the instant collective security (the maximum debt amount is KRW 221,329,661), but also the secured debt of KRW 7,50,00,00 against D (the maximum debt amount as of September 22, 2015, as of the date of the preparation of the instant distribution schedule).

[Reasons for Recognition]