A. On February 4, 2014, one bank, which was owned by C and D, filed an application for voluntary auction of the instant real estate with the Seoul Central District Court for a right to collateral security (the maximum amount of claims KRW 432 million, the debtor C), against Seongbuk-gu, Seoul E apartment No. 107, 102 (hereinafter “instant real estate”).

B. In the above auction procedure, the Defendant, as a mortgagee (the maximum amount of KRW 14 million, the debtor C), filed a report on the right and demand for distribution of KRW 92,853,872 as a lessee, and the Plaintiff filed a report on the right and demand for distribution of KRW 25 million as a lessee.

C. On November 11, 2014, the date of distribution, in distributing the amount of KRW 475,562,194, which is the actual amount to be distributed after adding interest to the sales price of the instant real estate and deducting the execution cost, the above auction court, in the first priority order, prepared a distribution schedule with the content that distributes the remainder of KRW 69,054,006 to the Defendant, who is the mortgagee, and the Plaintiff was excluded from the distribution amount.

On November 17, 2014, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection to KRW 25 million among the amount distributed to the Defendant, and thereafter filed a lawsuit of demurrer against distribution with the instant court on November 17, 2014, within seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is a genuine small-sum lessee who has paid a lease deposit and completed a move-in report for resident registration with respect to one column among D and the instant real estate. As such, the Plaintiff has the right to receive dividends of KRW 16 million in the said distribution procedure prior to the Defendant.

B. The plaintiff 1 of the defendant's assertion in collusion with D and make a false lease contract.