A. The Plaintiff filed an application for provisional attachment of real estate under the Cheongju District Court Decision 2015Kadan420, Apr. 15, 2015, with a claim amounting to KRW 35,81,000,00 for the amount of the instant real estate, etc., (hereinafter “instant real estate”).

B. In the Cheongju District Court C real estate compulsory auction case for the instant real estate, the Defendant entered into a lease agreement between D and D on October 20, 2005, which is KRW 20,000,000, and the lease period from December 30, 2005 to July 2015.

Then, on July 16, 2015, the Court filed an application for a report on the right and a demand for distribution.

On May 4, 2016, the above court drafted a distribution schedule to the effect that the Defendant distributes KRW 20,000,000 to the Defendant with the first priority (a fixed date lessee) and KRW 15,729 to the Plaintiff with the fifth priority (a person holding provisional seizure).

C. However, in fact, the Defendant is not the instant real estate but the lessee for the building on the ground of eight parcels, namely, the Sound Group F of Chungcheongbuk-gun and eight parcels.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings

2. According to the above facts, the defendant is not a lessee of the real estate in this case, and thus cannot be distributed to the lessee in the auction case of the real estate in this case.

Therefore, it is reasonable to delete the dividend amount of 20,000,000 won against the defendant from among the dividend table prepared by the court in the above auction case on the real estate of this case, and to correct the dividend amount of 15,729 won against the plaintiff to 20,015,729 won.

3. The plaintiff's claim is justified. Thus, the plaintiff's claim is accepted.