A. On May 13, 2014, the Mining Co., Ltd. loaned a total of KRW 190 million to E, and F assumed the above loan obligations on April 20, 2015.

B. On May 12, 2014, F completed the registration of creation of a neighboring mortgage in the amount of KRW 120 million each of the maximum debt amount against the mortgagee, obligor E, with respect to Nos. 203 and Nos. 401 of the Gunsan-si G (Road Name Hasan-si, Kunsan-si, Kunsan-si) owned by it, as well as No. 203 of the said apartment.

C. On the other hand, on December 15, 2016, the Plaintiff acquired the above loan claim and the above right to collateral security from the Gwangju Agricultural Cooperatives, and registered the transfer of the above right to collateral security on January 10, 2017.

On January 26, 2017, the Plaintiff filed an application for the auction of each of the above apartment units F with the Jeonju District Court Gunsan Branch D, and the Defendants filed an application for the dividend payment on the ground that they are the top priority tenant in each of the above apartment units in the distribution procedure regarding the proceeds of sale. On December 7, 2017, the said court drafted a distribution schedule to distribute to Defendant A the amount of KRW 15 million to Defendant B, KRW 10 million to Defendant B, KRW 5 million to Defendant C, and KRW 127,606,00 to the Plaintiff.

E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against each of the said dividends to the Defendants, and filed the instant lawsuit on December 13, 2017, which was within one week thereafter.

[Reasons for Recognition] The significant facts in this Court, Gap evidence Nos. 1, 5 through 9 (including additional numbers, if any), and the purport of the whole pleadings

2. The parties' assertion

A. The Defendants are the most lessee, and the distribution schedule should be revised so that all of the dividends to them can be added to the dividends to the Plaintiff.

B. Defendant B and C (1) are not the most lessee, and Defendant B lawfully entered into a lease contract with F, and the deposit was paid in KRW 15 million, and the fixed date was set in the lease contract.

(2) Defendant C is five million won on December 12, 2016 to Defendant B.