1. Of the distribution schedule prepared on May 8, 2017 by the above court with respect to the case of compulsory auction of real estate C by the Gu Government District Court.

1. Basic facts

A. On April 18, 2013, the Plaintiff completed the provisional attachment of KRW 425,595,292 (hereinafter “the provisional attachment of this case”) regarding E’s co-ownership share of KRW 1/3 among the buildings and the above building sites (hereinafter “the building of this case,” and combining the above building and the above building sites, the Plaintiff completed the provisional attachment of KRW 425,59,292 (hereinafter “the instant provisional attachment”).

(The District Court 2013Kadan50252). (b)

On August 13, 2015, the Plaintiff filed a lawsuit against E seeking damages of KRW 457,469,472 against the Gu Government District Court 2013Gahap3405, the Plaintiff received a favorable judgment on August 13, 2015 and became final and conclusive around that time.

C. According to the above judgment, the Plaintiff applied for a compulsory auction (hereinafter “instant auction”) on the instant real estate to the Jung-gu District Court C, and sold it on May 8, 2017, and the distribution schedule was prepared on May 8, 2017. Of the creditors, the Defendant, the lessee with a fixed date, among the creditors, distributed the total amount of lease deposit amount of KRW 140 million (100%) and the amount of the claim to the Plaintiff, the applicant obligee transferred from the instant provisional seizure, who is the applicant obligee, as the instant provisional seizure, KRW 12,030,475 (36%) out of KRW 358,575,342 (3.36%) and the distribution schedule was written.

The plaintiff appeared on the date of the above distribution and raised an objection against the whole amount of distribution to the defendant.

[Ground of recognition] Facts without dispute, Gap 1 and 2, significant facts to this court, the purport of the whole pleadings

2. The parties' assertion

A. In the instant auction procedure, the Plaintiff submitted a lease contract (A 3) with the fixed date on March 20, 2016 when filing a report on rights and a demand for distribution. Therefore, whether the Defendant has preferential payment right as of March 20, 2016 should be determined as of March 20, 2016. The instant provisional attachment was completed on April 18, 2013, prior to the said date, and thus, the Defendant’s claim for return of the lease deposit cannot be said to have priority over the Plaintiff’s claim for return of the lease deposit in the distribution.

Therefore, all of the dividend amounts to the defendant are deleted, and all of them are distributed to the plaintiff.