A. On April 8, 2014, the Plaintiff established the right to collateral security of KRW 24 million with respect to the real estate indicated in the attached list (hereinafter “instant real estate”) owned by D as of April 8, 2014.

B. As of October 30, 2014, the Defendant drafted a lease agreement with D on a deposit of KRW 30 million with a term of KRW 30 million, from October 30, 2014 to October 30, 2015.

However, the date of the preparation of the lease agreement is respectively amended from November 20, 2014 to October 30, 2014; from November 30, 2014 to “ October 30, 2015”; from November 30, 2014 to “ October 30, 2015”; and from November 30, 2015 to “ October 30, 2015.”

The defendant made a move-in report on November 4, 2014, and received a fixed date on the same day.

C. On November 14, 2014, Seoul Southern District Court C rendered a voluntary decision to commence the auction of the instant real estate (hereinafter “instant auction”). D.

On December 15, 2014, the Defendant prepared and submitted a written application for report on rights and a request for distribution to the court of the instant auction with the content that “1 column among the instant real estate was leased from November 3, 2014 to November 2, 2016, from November 3, 2014 to November 2, 2016, the contract date, November 3, 2014, and November 4, 2014.”

E. On June 17, 2015, the Plaintiff submitted a bond account statement stating that the principal of the bonds was KRW 22 million and interest accrued from April 8, 2014 at the instant auction court.

F. On July 31, 2015, the instant auction court: (a) distributed KRW 25 million to the Defendant on the ground that he/she is a small lessee; and (b) drafted a distribution schedule with the content that he/she does not distribute to the Plaintiff.

The Plaintiff appeared on the date of distribution, and raised an objection to the whole of the Defendant’s dividends, and filed a lawsuit of demurrer against distribution on August 7, 2015, which was seven days thereafter.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 7, whole purport of pleading

2. Claims and judgments.