1. The Seoul Western District Court C’s distribution schedule prepared on August 3, 2016 by the same court with respect to the auction of real estate.

1. Basic facts

A. On September 20, 199, the Plaintiff purchased each land and buildings owned by the Defendant, Mapo-gu Seoul, Seoul, and E, and its ground (hereinafter “instant real estate”) in the auction procedure.

B. On September 9, 2003, the Plaintiff created the right to collateral security with the maximum debt amount of KRW 624 billion on the instant real estate as collateral for the loan obligation to the Industrial Bank of Korea. On October 22, 2007, the Plaintiff created the right to collateral security with the maximum debt amount of KRW 200 million on the instant real estate.

C. On September 11, 2015, the auction procedure was initiated regarding the instant real estate upon application for auction to exercise security rights by the Industrial Bank of Korea.

In the above auction procedure, the Defendant submitted a lease contract (No. 1, hereinafter referred to as the “instant lease contract”) while reporting a right as a lessee and demanding a distribution.

In the above lease agreement, each of the following is written as “number of factories 9m2,” “10,000,000 won”, “50,000 won”, and “5,000,000 won (per month of payment due date)”, and the special terms and conditions of the special agreement are stated as “total amount of deposit after correcting the deposit after the lease: 20,000 won.”

E. On August 3, 2016, the distribution schedule was prepared to distribute 13.5 million won to the Defendant on the grounds that the Plaintiff is a small lessee on the date of distribution, and the Plaintiff raised an objection to the entire amount of the dividends to the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 15, 21 (including virtual numbers), the purport of the whole pleadings

2. The Defendant asserts to the effect that, as the Plaintiff purchased the instant real estate at the auction on September 20, 199 in accordance with the title trust agreement with the Defendant null and void, it cannot be deemed as the owner of the said real estate, and thus, it is not entitled to raise an objection against the distribution schedule.

However, in the real estate auction procedure, a person who intends to purchase real estate bears the purchase price and obtains a decision of permission for sale in another person's name.