A. On September 15, 2006, the Plaintiff’s non-party mutual savings bank established the right to collateral security with a maximum debt amount of KRW 845,000,000 with respect to Goyang-si C apartment Nos. 902, 901 (hereinafter “the instant real estate”), which was owned by D on September 15, 2006, and loaned KRW 645,000 to D on September 15, 2006, and provided the said real estate with an additional amount of KRW 130,000 with a maximum debt amount of KRW 94,00,000 with a loan of KRW 94,000.

After all, a decision of bankruptcy was rendered on October 29, 2013 regarding the above bank, and the plaintiff was appointed as a trustee in bankruptcy.

B. The Defendant entered into a lease agreement with D on May 5, 2013, and April 14, 2013, concluded a lease agreement with a deposit of KRW 30,00,000 with respect to one column among the instant real estate, and the term of lease from May 14, 2013 to 24 months (hereinafter “instant lease agreement”), and on May 15, 2013, the said contract obtained a fixed date and filed a move-in report on the said real estate on October 18, 2013.

C. On August 4, 2014, the Plaintiff filed an application for the commencement of voluntary auction on the instant real estate with the Goyang-gu District Court Goyang-dong Branch B, and the auction procedure was conducted on August 4, 2014.

In the above procedure, the defendant reported the demand for distribution and the right as a lessee.

On July 2, 2015, the court prepared a distribution schedule to the effect that on July 2, 2015, a small amount of KRW 16,000,000 was preferentially distributed to the Defendant, and that the amount of KRW 400,105,511 was distributed to the Plaintiff.

(hereinafter “instant distribution schedule”). The Plaintiff appeared on the date of distribution and raised an objection to the total amount of the Defendant’s dividends.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2-1, 3-1, 2, 6-1, 2, and 18-2, and the purport of the whole pleadings

2. The plaintiff alleged by the parties concerned shall enter into a lease agreement with respect to the instant real estate in order to receive a small amount of lease deposit.