A. On September 4, 2013, F Co., Ltd. (hereinafter “F”) was awarded a successful bid for the 7th floor H of the G Apartment-gun G apartment (hereinafter “instant H apartment”) and completed the registration of ownership transfer thereof. On October 1, 2013, F Co., Ltd. (hereinafter “F”) was awarded the said 4th floor I apartment (hereinafter “instant I apartment”) and completed the registration of ownership transfer thereof.

B. On April 3, 2015, F entered into a mortgage agreement with the J Union with respect to the instant H H and I apartments, etc., the maximum debt amount of which is KRW 613,60,000, and the debtor K, and completed the registration of establishment of a mortgage to the J Union on the same day.

C. On June 7, 2017, upon the application of the Labor Union, which was the mortgagee, with respect to the instant H and I apartment, the procedures for the voluntary auction of real estate (hereinafter “instant auction procedures”) began to be established as E in this court on June 7, 2017. Defendant D reported the right to, and demanded the distribution of, the instant I apartment, on the ground that Defendant D is a small lessee with respect to the instant H apartment.

On August 29, 2018, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 10,000,000, out of KRW 236,223,251, which is the date of distribution, shall be distributed to Defendant D, the lessee, and KRW 26,030, the lessee, and the amount of KRW 26,030 shall be distributed to Defendant D, the lessee, and KRW 26,030, the Nam-gu Seoul Metropolitan Government, the holder of the right to issue the delivery, and the remainder of KRW 210,432,51, which shall be distributed to L, the mortgagee of the mortgage (hereinafter “instant distribution schedule”).

E. On August 16, 2017, when the instant auction procedure was in progress, the Plaintiff, who received the claim for the collateral security against K from the J Union, was present on the date of the said distribution and raised an objection against the Defendants as to the whole amount of the dividend payments to K, and thereafter filed the instant lawsuit on September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 7, 11, and 12, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff.