The Industrial Bank of Korea lent KRW 50 million to E on April 10, 2012, and received the establishment registration of a mortgage with respect to the real estate listed in the attached list owned by D (hereinafter “instant housing”) from D on the 12th of the same month, out of the maximum debt amount of KRW 60 million, the debtor, E, and the Industrial Bank of Korea established a new mortgage on the attached list owned by D.

B. The Industrial Bank of Korea applied for a voluntary auction on the 12th of the same month to this court B on June 2014, when the interest on the above loan was overdue, the Industrial Bank of Korea applied for a voluntary auction on the 12th of the same month. On the other hand, as of March 3, 2010, the maximum debt amount of KRW 72 million with respect to the instant housing, and the Korean Bank of Korea, a debtor D, filed an application for a voluntary auction on the 25th of the same month with this court on June 2014, and the said auction procedure was commenced, and the instant housing was sold to the Defendant on December 4 of the same year.

C. On January 7, 2015, the above execution court, among KRW 92,870,637, the amount to be actually distributed on the date of distribution opened on the date of distribution, 200,000 won, 20,000 won, 200,000 won, 200,000 won, 123,860 won, 2nd, to the defendant, who is the lessee (non-priority small-sum), who is the lessee, in the second order, the third order, against the defendant, who is the holder of the right to deliver, 2th order, 59,335,739, and 4th order, who is the mortgagee, the creditor-mortgage-mortgage, and who is the holder of the right to deliver, set up a distribution schedule to distribute the amount of KRW 11,41,038

On the date of the above distribution, the Plaintiff raised an objection to the entire amount of dividends to the Defendant, and filed the instant lawsuit.

2. The plaintiff's primary argument is the defendant's most lessee.