1. The Daegu District Court prepared on March 27, 2019 with respect to the auction case of real estate C, which was prepared by the said court.

1. Facts of recognition;

A. On January 13, 2017, Nonparty D Co., Ltd. (hereinafter “E”) completed the registration of creation of a mortgage on the real estate indicated in the separate sheet (hereinafter “instant loan”) owned by E to secure the principal and interest of loan to E Co., Ltd. (hereinafter “E”), with respect to the debtor, the maximum debt amount of which is 123,00,000.

B. On December 7, 2017, upon the request of the D Association, the decision to commence an auction of real estate under subparagraph C of this Court (hereinafter “instant auction”) was issued and the registration was completed.

C. On January 9, 2018, the Plaintiff acquired the right to collateral security and the right to collateral security by transfer, and completed the supplementary registration of the right to collateral security before the transfer of the right to collateral security on the same day on the same day.

In the auction procedure of this case, the Plaintiff submitted a claim statement of KRW 120,593,667 (i.e., the principal amount of KRW 94,00,000,000).

On the other hand, on January 2, 2018, the Defendant asserted that it was a lessee with respect to the instant loan at the auction procedure of this case, and demanded the distribution of KRW 20 million for the lease deposit.

E. On March 27, 2019, the auction court prepared a distribution schedule with the content that the Defendant distributes KRW 17,000,000 to the Defendant as the first-class lessee and KRW 50,412,462 to the third-class mortgagee (hereinafter “instant distribution schedule”) among KRW 67,526,212 to be actually distributed at the instant auction procedure.

F. On March 27, 2019, the Plaintiff raised an objection against the whole amount of dividends to the Defendant on the date of distribution of the instant auction procedure, and filed the instant lawsuit within seven days thereafter.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 7 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The defendant is the most lessee of the loan of this case and is not entitled to preferential repayment in the auction procedure of this case.

Therefore, the defendant is first in order.