A. On April 6, 2016, I Co., Ltd. (hereinafter “I”) was created from E with respect to F apartment G (hereinafter “instant apartment”) of the Nam-gu Incheon Metropolitan City F apartment G (hereinafter “instant apartment”) the maximum debt amount of KRW 324,00,000, and the debtor E and the mortgagee I (hereinafter “instant collective security”).

The Plaintiff was transferred from I on September 13, 2016 the instant right to collateral security on the ground of “transfer of confirmed claim” on June 29, 2016.

B. On June 27, 2017, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the content that the instant apartment is leased from E as a broker of a licensed real estate agent operating the J Licensed Real Estate Agent Office by setting the lease deposit amount of KRW 28,00,000 (contract amount of KRW 3,000,000, the remainder of KRW 25,000), monthly rent of KRW 300,000, and the lease term of KRW 7, 2017 from July 7, 2017 to July 6, 2019.

In the column of the special terms and conditions of the instant lease agreement, the term "contract on the current register" and "pre-payment conditions for ten months of the next wage" are stated.

The Defendant paid 3,00,000 won for down payment on June 27, 2017, and 25,000,000 won for the remainder of July 7, 2017, and 3,000,000 won for the advance payment of ten months, respectively, to E. The Defendant completed the resident registration transfer report and obtained the fixed date on the lease contract around July 10, 2017, and resided in the instant apartment from around that time to August 10, 2018.

C. On September 27, 2017, with the execution of the instant right to collateral security, “the auction procedure of real estate rent auction regarding the instant apartment” (hereinafter referred to as “instant auction procedure”) is called “the auction procedure.”

On August 9, 2018, a court of execution distributed KRW 27,00,00 to the Defendant on the date of distribution on the ground that the Defendant was the first priority lessee, and distributed KRW 243,849,712 (the amount of credit of the Plaintiff is the principal amount of KRW 270,000,000 and interest KRW 46,608,749) to the Plaintiff on the ground that the Plaintiff was the first priority lessee.

The plaintiff appeared on the date of the above distribution and raised an objection against the total amount of the defendant's dividends.