A. On October 28, 2009, the Plaintiff entered into a credit guarantee agreement between the non-party C Co., Ltd. (hereinafter “non-party C”) with respect to the obligation to repay the company’s general loan to one bank, setting the guaranteed amount at KRW 300,00,000 (hereinafter “the instant credit guarantee agreement”). D guaranteed the non-party’s indemnity obligation against the Plaintiff.

B. On October 31, 2014, the non-party company was unable to repay one bank loans in accordance with the agreement, and the Plaintiff made a substitute payment for KRW 286,863,821 on November 11, 2014 in accordance with the credit guarantee agreement of this case.

C. On November 11, 2014, the Plaintiff filed an application for provisional seizure of real estate at KRW 285,00,000 as to the buildings listed in the separate sheet owned by D (hereinafter “the instant commercial building”) and received a decision of provisional seizure as the head of Suwon District Court Decision 2014Kadan1015444, supra.

On November 1, 2014, the Defendant entered into a lease contract with D to determine the lease deposit amount of KRW 10,000,000, and the lease period of KRW 87 square meters for the instant commercial building from November 1, 2014 to October 31, 2015 (hereinafter “instant lease contract”), and entered into a lease contract with no agreement for rent (hereinafter “instant lease contract”), and obtained a fixed date on November 10, 2014, and registered as a business operator on November 12, 2014.

E. On April 11, 2016, the Suwon District Court rendered a voluntary decision to commence the sale of the commercial building in this case, and the above court made distribution of KRW 68,690,704 on December 13, 2016 to the Defendant as the top priority lessee, and distributed KRW 9,000,000 to the Defendant as the top priority lessee, and the distribution schedule with the content that there was no amount of distribution to the Plaintiff who is the person holding the provisional seizure (hereinafter “instant distribution schedule”) was prepared, and the Plaintiff appeared on the date of distribution, and stated an objection against the whole amount of distribution to the Defendant.

[Ground of recognition] Unsatisfy, A(1) through (3)