On April 15, 2016, the Plaintiff entered into a credit guarantee agreement between C and C on the guaranteed principal amount of KRW 42,500,000 with respect to the credit obligations against D banks, and from April 15, 2016 to April 14, 2021, and C issued the same amount of credit guarantee certificate to D banks. On May 19, 2016, C borrowed KRW 50,000 from D banks and submitted the said credit guarantee certificate to D banks.

On March 7, 2017, the Plaintiff received notice of credit guarantee accidents due to C’s long-term separation of natural bodies, etc. from the D Bank, and on May 2, 2017, on behalf of D Bank, paid the principal and interest of the above loan obligations to D Bank KRW 42,423,437 on behalf of D Bank.

On March 15, 2017, the Plaintiff received a provisional attachment order as the Gwangju District Court 2017Kadan50376, with the claimed amount of KRW 42,500,000 against Seo-gu, Seo-gu, Gwangju (hereinafter “instant apartment”).

On November 6, 2017, G Union, a creditor of C, received a decision to commence the auction of real estate rent from Gwangju District Court B. In the above auction procedure, the defendant asserted that he/she is the lessee of the apartment of this case, and filed a report on the right and demand for distribution with the content that he/she leases the apartment of this case as the lease deposit amount of KRW 45,00,000, the rent amount of KRW 200,000, the rent amount of KRW 200,000, and the lease period of January 19, 2017, attached the real estate lease contract (Evidence 6) as of January 19, 2017.

The auction court accepted the defendant's demand for distribution on the date of distribution on July 26, 2018, and distributes 19,000,000 won out of 191,805,042 won, which is to be actually distributed after deducting the execution expenses from the sale price and interest of the apartment in this case, to the defendant who is the first priority as a small lessee (standard: the right to collateral security as of March 15, 2012), and 210,280 won is to be distributed to the defendant, who is the second priority lessee in Gwangju Metropolitan City, which is the holder of the right to deliver the relevant tax, as the creditor and the second priority collective security (the right to collateral security as of March 15, 2015), to the G Union, which is the second priority creditor and the second priority collective security as of March 15, 2012, to the defendant, who is the second priority lessee (the right to collateral security as of April 24, 2015).