1. Of the distribution schedule prepared by the original district court on June 18, 2019 with respect to D's voluntary auction of real estate, the same court.

1. Basic facts

A. On June 17, 2016, the Plaintiff completed the registration of the establishment of a neighboring mortgage on the fifth fifth floor F lending of the window of Changwon-si, which was owned by E (hereinafter “instant lending”), with respect to the obligor, E, the maximum debt amount of KRW 75,60,000, and the Plaintiff, the creditor.

B. On March 12, 2018, this Court rendered a decision to commence an auction on the instant loan of real estate D on March 12, 2018.

C. On May 25, 2018, the Defendant asserted that he was a housing lessee of the instant loan at the above auction procedure, and submitted an application for a report on rights and a request for distribution as a housing lessee.

On the date of distribution on June 18, 2019, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the Defendant distributes KRW 17,000,00 to the Defendant as the first priority lessee and KRW 44,449,252 to the Plaintiff as the third priority mortgagee (applicant obligee).

E. The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the Defendant’s amount of distribution, and filed the instant lawsuit on June 20, 2019, within seven days.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings

2. Where the lessee has made a demand for distribution with only the type of lessee in order to receive a dividend of the lease deposit, even though he/she has expressed a false intention under the collusion of the lease contracts, etc. or the lessee has not actually occupied and used the object of lease contracts, etc., such most lessee, etc.

In light of the following circumstances, it is difficult to deem that a real lease agreement was concluded between the Defendant and E with respect to the instant loan, in light of the following: (a) the Defendant and E, supra, can be seen as having been concluded by adding up the respective entries in the evidence Nos. 1 through 16 and the overall purport of the pleadings and the evidence No. 1 through 16.

① Lease contract (Evidence A2) for the Defendant’s assertion is concluded on February 1, 2018, the contract deposit of KRW 25,000,000 for the lease deposit without monthly rent of KRW 25,000,000, and the remainder 22.