1. Of the distribution schedule prepared by the said court on November 2, 2017 in the case of the real estate rental auction in the Seogu District Court Seo-gu District Court C, the said court.

1. Basic facts

A. On December 5, 2009, the Defendant entered into a lease contract with D, the former owner of the real estate listed in the separate sheet (hereinafter “instant real estate”); on December 5, 2009, with respect to the lease deposit of KRW 25,000,000 on the left-hand side of the building of the first floor among the instant real estate; from December 13, 2009 to December 13, 2011, the lease term of KRW 25,000,000 for the leased property; on the same day, the Defendant entered into a lease contract with D for the lease term of KRW 25,00,000 for the leased property; and completed the registration of establishment of chonsegwon, the Defendant, and the settlor of chonsegwon, from December 13, 2009 to December 13, 2011.

B. On December 11, 2009, the instant real estate had been in progress with the auction procedure F for Seo-gu District Court Seo-Support F (hereinafter “First Auction Procedure”) upon the application by E, a creditor of D for a compulsory auction. In the first auction procedure, the Defendant received distribution of KRW 1,983,752 as a lessee of small amount by making a demand for distribution as a person having chonsegwon and the said lessee.

C. The instant real estate was awarded a successful bid to the Plaintiff on February 26, 2013 in the said auction procedure, and the registration of ownership transfer was completed in the Plaintiff’s name on August 21, 2013.

On the other hand, G, the mortgagee of the instant real estate, had been in progress with the auction procedure as Seogu District Court Branch C (hereinafter “the second auction procedure”), and the Defendant, in the second auction procedure, demanded distribution as a person having chonsegwon and lessee of the instant real estate, received 23,016,248 won as a person having chonsegwon or lessee on November 2, 2017, who was on the date of distribution. The Plaintiff filed a lawsuit of demurrer against distribution on the date of distribution on the said date, and thereafter filed a lawsuit of demurrer against distribution on November 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Article 91(3) of the Civil Execution Act provides that “The chonsegwon shall be extinguished by sale if it is impossible to oppose a mortgage, seized claim or provisionally seized claim,” and Article 91(3) of the same Act.