A. On May 19, 2012, C completed the registration of ownership transfer with respect to the D Apartment Nos. 212, 804, Suwon-si, Suwon-si, Suwon-si (hereinafter “instant real estate”). On the same day, C completed the registration of ownership transfer with respect to the said real estate as the debtor C, the Plaintiff completed the registration of creation of a neighboring mortgage of KRW 514,80,000 with respect to the said real estate.

B. On July 6, 2012, E entered into a lease agreement with C on the condition that the lease deposit amount is KRW 15 million for the instant real estate, and the lease period is not fixed (hereinafter “previous lease agreement”). On the same day, E transferred KRW 4.6 million to C, and E and the Defendant, who is its birth, completed the move-in report on July 11, 2012.

C. On November 2, 2012, E paid KRW 5 million to C the down payment of KRW 25 million of the deposit for the deposit for the lease of the instant real property, and the remainder after handling the expenses and the incidental expenses, E intended to prepare a fake contract with the face value of KRW 60 million of the deposit for the lease of the deposit for the lease of the instant real property. However, E sent a content-certified mail to request settlement of KRW 20 million of the deposit for the down payment and the expenses.

On April 18, 2013, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with C as between April 18, 2013, with respect to the instant real estate, with a lease deposit of KRW 65 million, and the lease term of KRW 2 years from April 18, 2013, and obtained a fixed date on the same day.

E. On April 30, 2013, the Suwon District Court rendered a voluntary decision to commence the auction procedure (hereinafter “instant auction procedure”), and the instant auction court, by recognizing the Defendant as a small lessee on June 10, 2015, drafted a distribution schedule with regard to the instant real estate as allocating KRW 443,936,028, out of the amount of credit 567,235,805, to the Plaintiff, who is the applicant creditor, as a small lessee, to the Defendant.

F. On June 10, 2015, the Plaintiff attended the date of distribution of the instant auction procedure, and on the total amount of the Defendant’s dividends.