A. On November 8, 2010, the Plaintiff completed the registration of creation of a mortgage on the instant apartment owned by C, which is the maximum debt amount of KRW 228,80,000, and the debtor C and the mortgagee, the Plaintiff of the right to collateral security.

B. On April 16, 2013, the Defendant entered into a lease agreement with C to lease the instant apartment from April 16, 2013, setting the lease deposit amount of KRW 20,000,000 per month, KRW 800,00 per month, and the period from April 30, 2013 to April 29, 2015. At that time, the lease deposit was increased to KRW 30,000,000 per month, and the rent was reduced to KRW 70,00 per month (hereinafter “instant lease agreement”).

(2) On April 15, 2013, the Defendant paid C the sum of KRW 30,000,000 as lease deposit, and KRW 1,000,000 as of April 16, 2013, and KRW 19,00,000 as of April 30, 2013, and KRW 30,000 as of April 30, 2013, and received the instant apartment from C around that time.

3) The instant apartment house was operated under the name of “F Child Care Center” by C, and the Defendant received the above child care center operation right from C around March 2013. The Defendant: (a) was named by the head of Seo-gu Incheon Metropolitan City, the head of Seo-gu, “F Child Care Center”; (b) was operating a home childcare center in the instant apartment after obtaining authorization from the head of Seo-gu, Incheon Metropolitan City, for the instant apartment; (c) the location of the instant apartment; and (d) the childcare center as “20 childcare center”; and (c) the Defendant completed the resident registration transfer report on the instant apartment on November 13,

C. Voluntary auction and distribution 1) On March 17, 2015, upon the Plaintiff’s application, the voluntary auction procedure for the instant apartment was initiated as Incheon District Court B, and the Defendant reported the right as a housing lessee on April 14, 2015.

3) A court of execution shall distribute the amount of KRW 19,00,000 out of KRW 173,006,775, which is to be actually distributed on the date of distribution on June 2, 2016, to the defendant on the ground that the court of execution is the first priority lessee, and the remaining KRW 154,006,775, which is to be distributed to the plaintiff on the ground that it is the second priority lessee.