A. On October 15, 201, the Industrial Bank of Korea completed the registration of creation of a mortgage of KRW 237,600,000 (hereinafter “the first collateral mortgage”) around the maximum debt amount on October 15, 201 with respect to the instant real estate owned D, and completed the registration of creation of a mortgage of KRW 120,000,000 with respect to the instant real estate (hereinafter “the second collateral mortgage”) around January 28, 201.

B. Following the Industrial Bank of Korea’s exercise of the right to collateral security, the auction procedure of the instant real estate was initiated with the Suwon District Court B and C (Dupl).

(B) On April 12, 2013, and C, July 31, 2013, each decision to commence voluntary auction was rendered).

On the other hand, between D and D on December 31, 2012, the Defendant entered into a lease contract with the term of KRW 25,000,000 for the instant real estate, KRW 300,00 for the tea, and KRW 300,00 for the term of lease from January 10, 2013 to January 9, 2015 (hereinafter “instant lease contract”), and made a report on the right and demand for distribution as a small lessee during the said voluntary auction procedure.

The Plaintiff acquired the instant first and second collateral and its secured claim from the Industrial Bank of Korea.

E. In the above voluntary auction procedure on March 5, 2014, the court prepared a distribution schedule of KRW 19,00,000 (amount of KRW 19,00,000) to the Defendant, a lessee of small claims, among the amount to be actually distributed on the date of open distribution (amount of KRW 19,00,000) and KRW 235,847,692 (amount of claim amount of KRW 235,847,692) to the Plaintiff, a transferee of the first priority mortgage of this case, who is the transferee of the second priority mortgage of this case (amount of claim amount of KRW 235,847,692), and KRW 20,531,764 (amount of claim amount of KRW 120,00,00) to the Plaintiff, a transferee of the second priority mortgage of this case (hereinafter “instant distribution schedule”).

F. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the whole amount of distribution to the Defendant, and thereafter, filed the instant lawsuit on March 11, 2014.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 4 (which include each number of branches) respectively.