A. On June 24, 2011, the Defendant loaned KRW 95 million to C on June 24, 201, and completed the registration of creation of a neighboring mortgage covering KRW 123,500,000,000 to the mortgagee, the obligor, the maximum debt amount, and KRW 101,201, Dong-gu, Incheon (hereinafter “instant house”).

B. B entered into a real estate lease agreement (hereinafter “instant lease agreement”) with C on September 19, 2012, stipulating that the instant house shall be leased from October 5, 2012 to October 5, 2014 during which the lease deposit amount is KRW 25 million, and the period from October 5, 2012 to October 5, 2014. The down payment amounting to KRW 2 million shall be paid to E by the lessee, and the remainder of KRW 23 million shall be paid on October 5, 2012.

C. After that, on October 5, 2010, B entered into a loan agreement with the Defendant to obtain a loan of KRW 20 million with a view to paying the lease deposit under the instant lease agreement. In order to secure the loan obligation, B transferred the loan to C following the establishment of a pledge on the claim for the refund of the lease deposit under the instant lease agreement.

C When delaying the repayment of the principal and interest of loan, the Plaintiff applied for an auction of real estate rent to the Incheon District Court A on April 16, 2014, and the decision to commence auction was rendered on April 16, 2014, and B filed a report on the right and demand for distribution with respect to the housing of this case as a small lessee who paid KRW 25 million in the above auction procedure.

E. On the date of distribution implemented on February 3, 2015, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 46,410,546 to the Defendant, the pledgee of the claim for return of the small amount of lease deposit, who is the pledgee of the claim for return of the small amount of lease deposit, in the second and second order, in the order of 103,320, 300 won, and 46,410,546 to the Plaintiff, the mortgagee of the right of delivery

F. On February 9, 2015, the Plaintiff raised the instant lawsuit on February 9, 2015, after having raised an objection to the whole amount distributed by the Defendant on the date of the said distribution.

[Ground of recognition] A.