A. On October 31, 2012, the Plaintiff (ELLA Co., Ltd. prior to the change) lent KRW 175 million to C, and as a security therefor, obtained a right to collateral security (hereinafter “instant real estate”) with respect to D apartment Nos. 205, 1503, Seo-gu, Incheon, which was owned by C (hereinafter “instant real estate”).

B. On July 15, 2014, at the request of the Plaintiff, who is a mortgagee, the discretionary auction procedure was initiated regarding the instant real estate to the Incheon District Court B.

C. On November 19, 2012, the Defendant entered into a lease agreement with C on a deposit of KRW 30 million (hereinafter “instant lease agreement”) with respect to the instant real estate, and claimed that it is a lessee who has completed a move-in report on May 16, 2014, and made a report on the right to the said deposit and a demand for distribution during the said auction procedure. On July 23, 2015, the auction court recognized the Defendant as a lessee of small amount and distributed KRW 19,058,784, which is the date of distribution, and distributed KRW 191,119,32 to the Plaintiff (hereinafter “instant distribution schedule”). D.

The Plaintiff appeared on the date of distribution, and raised an objection to the total amount of the Defendant’s dividends, and filed the instant lawsuit on July 27, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 19 of evidence 6, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is that the defendant is the most lessee or the main purpose of the lease contract of this case was to collect the claim prior to the prior mortgagee, and thus, it cannot be protected as the small amount lessee.

B. The Defendant’s assertion is the lessee who entered into the instant lease agreement with C and possessed the instant real estate.

3. Therefore, we examine whether the Defendant is a genuine lessee, as otherwise alleged by the Defendant, even if so.