2. The costs of lawsuit shall be borne by the Plaintiff.

A. On June 27, 2012, Nonparty C (resident in Changwon-si) completed the registration of ownership transfer in his/her own future with respect to the real estate stated in the purport of the claim for the registration of real estate located in Incheon (hereinafter “instant building”). At that time, Nonparty C (resident in Changwon-si) completed the registration of ownership transfer in his/her own future with respect to the real estate as stated in the purport of the claim for the registration of ownership transfer on the same day with respect to the building as the mortgagee, the registration of the establishment of the mortgage registration was completed with a first priority of KRW 81 million on

(B) At this time, C promised to reimburse the Plaintiff at least 40% of the loan when the instant building is leased to another party, but to lose the benefit of the time when the building is not performed.

On the other hand, on May 17, 2012, C entered into a lease agreement with the Defendant for 22 million won or 24 months from June 30, 2012 (a lease under a special agreement stating that the lessor is different from the person holding the registry at the time when the lease was in progress) with respect to the instant building in the presence of both intermediaries, prior to completing the said registration of ownership transfer, and the Defendant completed the move-in report and the fixed date on June 28, 2012, which is the day following the date on which the said mortgage was established.

C. From September 2013, C lost the benefit of time due to the suspension of payment of the loan interest and reimbursement from a police officer, and on January 3, 2014, the Plaintiff voluntarily filed an application for auction (this court B) on the instant building.

On August 14, 2014, the execution court distributed 22,00,000 won as the top priority repayment to the defendant who applied for a demand for distribution as a small lessee on the date of distribution, and 37,325,742 won to the plaintiff.

E. At the time of the conclusion of the lease, it is not possible to confirm the owned property other than the building of this case.

【Ground for Recognition: Records No. 1 to 8 and No. 11; Information and Communication Information Inquiry about Nonghyup Bank; and Inquiry Results about the Court Administration Office's Office

2. Determination as to the cause of action

A. The plaintiff is a ground for objection to the distribution by the defendant.