A. D obtained a loan of KRW 127 million from a mutual savings bank (hereinafter “non-party bank”), and completed the registration of creation of a mortgage on September 16, 2010 with respect to the non-party E apartment non-Dong 511 (hereinafter “the apartment of this case”) owned by D (hereinafter “the apartment of this case”), with the maximum debt amount of KRW 165 million on September 16, 2010, and the establishment of a mortgage on the non-party bank with the right to collateral security.

B. On March 3, 2013, the Plaintiff entered into a lease agreement with D to lease the instant apartment (hereinafter “instant lease agreement”) with a fixed period from March 18, 2013 to March 18, 2015, and paid KRW 25 million to D until March 17, 2013, and received a move-in report after receiving the said apartment from D on March 18, 2013.

C. D failed to pay the above loan obligation to the non-party bank, and the non-party bank filed an application for voluntary auction on the apartment of this case with the Incheon District Court Branch Office C, which was based on the right to collateral security, and on August 29, 2013, the auction procedure for the apartment of this case was commenced on August 29, 2013, and the plaintiff filed a report on the right and demand for distribution against the above lease deposit amount of KRW 25 million. On April 11, 2014, the court prepared a distribution schedule (hereinafter referred to as the "distribution schedule of this case") stating that when distributing the sale price of the apartment of this case on the date of distribution on April 11, 2014, the non-party bank distributed the amount of KRW 138,428,904 to

On the date of distribution, the Plaintiff raised an objection against KRW 22 million among the Defendant’s dividends, and filed a lawsuit of demurrer against the instant distribution on April 17, 2014, which was within one week thereafter.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, 5, 6, 14, Eul evidence No. 1, witness F's testimony, significant facts in this court, the purport of the whole pleadings

2. On January 201, 201, the Plaintiff determined the cause of the claim.