A. On May 9, 2016, E Co., Ltd. (hereinafter “E”) completed the registration of the establishment of a lower-class right with respect to the building of the size of 242.9 square meters (hereinafter “instant land”) and 3rd floors on the land owned by it, Seo-gu Daejeon Special Metropolitan City, Seo-gu (hereinafter “Seoul Special Metropolitan City”) with the maximum claim amount of KRW 1.32 billion and the neighboring mortgagee G Co., Ltd. (hereinafter “G bank”).

B. On April 11, 2019, the Plaintiff acquired the right to collateral security and its secured claim against E and the right to collateral security and the right to collateral security against H apartment I (hereinafter “Separate apartment”) in Seo-gu, Daejeon District Court D, issued a voluntary application for commencement of auction with respect to the instant land, building, and separate apartment units, etc., and received a voluntary decision to commence auction (hereinafter “instant auction procedure”).

(c)

In the auction procedure of this case, the instant land, building, and apartment units were sold, and on June 17, 2020, the auction court, as the top priority tenant, received dividends of KRW 5 million in the first priority order from the proceeds from the sale of the instant land and building, and the Plaintiff, as the applicant creditor, prepared a distribution list (hereinafter referred to as the “instant dividend list”) that receives dividends of KRW 598,81 in the third priority order from the proceeds from the sale of the instant land and building.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 2 through 4, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff asserts that the Defendants are the most lessee who prepared a false lease agreement for the purpose of receiving dividends, and asserts that the amount of dividends to the Defendants in the instant dividend table should be deleted, and that the dividend table of this case should be corrected by allocating the amount of dividends to the Plaintiff.

B. According to the evidence evidence Nos. 5 and 6 (including each number), submitted by the Plaintiff, Defendant B was related to the J of the instant building on November 25, 2017 between Defendant B and E.