A. On August 21, 2012, the Plaintiff concluded a lease agreement between Defendant B and Defendant C with respect to D apartment Na-dong 311 (hereinafter “instant apartment”) in Bupyeong-gu, Seocheon-gu (hereinafter “instant apartment”) with the term of lease of KRW 25,00,000, and with respect to the term of lease from September 17, 2012 to September 16, 2014 (hereinafter “instant lease agreement”).

B. At the time of mediating the instant lease agreement, Defendant C instructed the Plaintiff that the registration of the establishment of a senior mortgage and the registration of the entry of the first provisional attachment order regarding the instant real estate was completed, respectively.

C. The Plaintiff’s KRW 2,500,000 on August 21, 2012, and the same year to Defendant B

9. On September 17, 2017, the payment of KRW 22,500,000 was made, and the move-in report was made on September 17, 2012, and thereafter the fixed date was obtained from the above lease contract, and thereafter the apartment was resided in the instant apartment after obtaining the fixed date.

At the time of the conclusion of the instant lease agreement, the market price of the said apartment was approximately KRW 122,00,000,000, and the provisional attachment registration was completed in the name of the Seoul Mutual Savings Bank, which was the maximum debt amount of KRW 143,00,000,000, for the said real estate.

E. On September 25, 2012, immediately after the Plaintiff completed the move-in report for the instant apartment, the provisional attachment registration of KRW 5,378,108 was completed in the name of Hyundai Capital Co., Ltd., and the provisional attachment registration of KRW 5,854,338 was completed in the name of the new card Co., Ltd. on the 26th of the following day.

F. As to the instant apartment, around January 16, 2013, upon the application of the Korea Deposit Insurance Corporation, which is the first collateral security right holder, the auction procedure was initiated for the said apartment in Incheon District Court E-ro (hereinafter “instant auction procedure”) and the said real estate was sold in KRW 105,618,000. After that, the said court considered the Plaintiff as a small lessee on May 9, 2014, and deemed the Plaintiff as a small lessee, and interest of the applicant creditor.