1. Of the distribution schedule prepared by the said court on February 9, 2015 in the case of Suwon District Court’s auction of real estate B in Suwon District Court, the said court.

1. Basic facts

A. On December 13, 2005, April 22, 2009; June 9, 2009; and October 21, 201, 201, the Plaintiff provided each credit guarantee to C Co., Ltd. (hereinafter “Nonindicted Company”) as a surety; and D as a joint surety; however, the Nonparty Company delayed payment of interest on September 14, 2013, thereby causing a credit guarantee accident; accordingly, the Plaintiff subrogated the Korea Exchange Bank for the principal and interest of the guaranteed loan amounting to KRW 197,036,046; and on March 25, 2014, the Plaintiff subrogated the Bank of Korea for the principal and interest of the guaranteed loan amounting to KRW 90,610,696, respectively.

B. Meanwhile, on September 7, 2010, the defendant lent KRW 25 million to the non-party company, and the representative director of the non-party company guaranteed the above loan amount D.

D and the Defendant: (a) on October 20, 2013, the Defendant leased the 206 Dong-dong 1501 (hereinafter “instant real property”) of the E Apartment from D to KRW 30 million; and (b) on October 20, 2013, the deposit amount of KRW 30 million was KRW 25 million and interest thereon.

(hereinafter “instant lease agreement”). The Defendant, on November 26, 2013, obtained a fixed date in the instant lease agreement and resided in the instant real estate after obtaining a fixed date.

C. On April 23, 2014, at the Plaintiff’s request, who was a mortgagee of the instant real estate, the Suwon District Court rendered a decision to commence the auction of real estate appointment as Suwon District Court B (hereinafter “instant auction procedure”). On February 9, 2015, at the instant auction procedure, a distribution schedule was formulated to distribute KRW 22 million to the Defendant as the first priority lessee, and to the Plaintiff the amount of KRW 56,858,443 as the fourth priority mortgagee, respectively.

On February 9, 2015, the Plaintiff raised an objection against the amount of distribution to the Defendant on the date of distribution of the instant auction procedure, and filed the instant lawsuit on February 12, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 3 through 7, Eul 1 through 3, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. The Plaintiff’s summary of the parties’ assertion is the Defendant.