1. Of the distribution schedule prepared on April 17, 2014 by the said court with respect to the auction of real estate B by the Daejeon District Court.

1. Basic facts

A. On October 28, 201, the Plaintiff loaned KRW 85 million to C, after completing the registration of establishment of a neighboring maximum debt amount of KRW 114,400,000, which is the maximum debt amount of KRW 114,400,00 with respect to the D apartment 118,402, Dong-gu, Daejeon.

B. On April 17, 2014, the distribution schedule was prepared as follows: (a) on the date of distribution made on April 17, 2014 of the auction procedure for the replacement of real estate B by the Daejeon District Court as to the foregoing 402, the Defendant was a small lessee; and (b) on the date of distribution, the Plaintiff, as a mortgagee and a creditor of a right to collateral security, was paid KRW 68,563,372 out of the amount of credit of KRW

C. The Plaintiff raised an objection to the total amount of the Defendant’s dividends, and filed the instant lawsuit on April 23, 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment as to the plaintiff's primary claim

A. The plaintiff's assertion that since the defendant was the most lessee who entered into a false lease contract with C, the plaintiff's assertion that the amount of KRW 19,00,000 distributed to the defendant shall be KRW 0,00,000, and the amount of dividends to the plaintiff shall be 8,563,372 won, respectively, shall be corrected to KRW 87,563,372.

B. We examine whether the lease agreement entered into between the defendant and C is false or not.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that a lease contract between the Defendant and C is a false lease contract in light of the following facts, which can be known by the respective descriptions of the evidence set forth in subparagraphs 2 through 6, and Nos. 1 through 13 and the purport of the entire pleadings.

In other words, on March 22, 2013, the Defendant and C concluded a lease agreement with respect to the above 402, which provides that the deposit shall be paid in advance for six months from April 28, 2013 to April 27, 2015, with respect to the lease deposit of KRW 15 million, monthly rent of KRW 200,000,000, and the monthly rent of KRW 4 million from April 28, 2013, but the deposit shall be increased by 4 million after being paid in advance for six months. However, although it is unclear in the written contract on April 28, 2013, the date on which the Defendant entered into the lease agreement while demanding the distribution was made, the date on April 28, 2013.