A. On February 13, 2009, the Plaintiff concluded a lease agreement between D and D with regard to the lease deposit amounting to KRW 130 million and March 9, 201 with respect to the 801, Dong-dong No. 101, Dong-gu, Seoul, Gangseo-gu, Seoul (hereinafter “instant real estate”). The lease agreement was concluded between March 10, 2009 and March 9, 201.

The Plaintiff paid the lease deposit to D in accordance with the lease contract, and moved into the instant real estate, completed the move-in report on October 5, 2009, and obtained the fixed date in the lease contract on December 13, 2010.

B. As to the instant real estate, D completed the registration of creation of mortgage (the maximum amount of claims KRW 14,400,000,0000, October 1, 2009) on the first-class neighborhood under the Seoul Southern District Court Gangseo-gu Office of Registration on October 1, 2009, under the Act No. 67831, which was received on October 1, 2009, to the Defendant, again completed the registration of creation of mortgage (the contract of this case) on the second-class neighborhood collective security (the maximum amount of claims KRW 100,000,000,000,000,000) on August 19, 2010, under the Act No. 55056 on August 19, 2010.

C. On February 25, 201, at the request of the Bank, the voluntary auction procedure was initiated regarding the instant real estate.

(Seoul Southern District Court C, hereinafter “instant auction procedure”). D.

In the instant auction procedure, among the amount to be actually distributed on January 18, 2012, KRW 337,068,547, KRW 165,860 to the Gangseo-gu Office, the holder of the right to deliver, and KRW 165,860, and KRW 14,400,000, and KRW 144,000, and KRW 3,000 to the transferee of the Bank, the transferee of the Bank set up a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes each of KRW 10,838,752 to the Defendant of the mortgagee, the holder of the right to collateral security, and KRW 82,063,935 to the Plaintiff, the lessee.

On the date of distribution, the Plaintiff raised an objection against KRW 47,936,065 out of the amount of dividends against the Defendant, and filed the instant lawsuit on January 19, 2012.

E. Meanwhile, apart from the instant lawsuit, the Plaintiff brought a lawsuit against the Defendant.