A. On October 18, 2013, the procedure for the auction of real estate was initiated with the Jeonju District Court C (hereinafter “instant auction procedure”) on the land and the 4th floor building above the ground (hereinafter “instant building”) on which Nonparty D owned, upon the application of Nonparty Seoan Fisheries Cooperatives, a mortgagee, the mortgagee of the right to collateral security (hereinafter “instant building”).

B. In the instant auction procedure on August 6, 2010, the Plaintiff entered into a lease agreement of KRW 20 million with Nonparty F, the former owner of the instant building, on August 6, 2010, with respect to KRW 302 of the instant building, and had the move-in report on August 9, 2010 and the fixed date on November 25 of the same year, and thereafter, with Nonparty D, who acquired the instant building from F, increased the deposit to KRW 27 million on August 5, 2012.

7. A certified fixed date has been obtained, and an auction court filed a report on the right to claim payment of KRW 27 million and an application for demand for distribution with D on September 1, 2013. ② On September 11, 2013, the Defendant entered into a lease agreement with D with respect to KRW 201,00,000 for the instant building, and had a resident registration, delivery, and fixed date on the same day, and applied for a report on the right to claim payment of KRW 20,000 for the said lease deposit and a demand for distribution at the auction court.

C. On the date of distribution conducted on September 24, 2014, the instant auction court drafted a distribution schedule that distributes each of the dividends of KRW 14 million to the Defendant, who is the lessee of small amount, and the Plaintiff as the Plaintiff, who is the lessee of small amount, KRW 14 million and the preferential right holder of payment (hereinafter “instant distribution schedule”). D.

On September 24, 2014, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the total amount of distribution to the Defendant. The Plaintiff filed the instant lawsuit on September 30, 2014, within seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, and 5 (including each number), the whole pleadings.