1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On April 12, 2013, the Plaintiff entered into a lease agreement with E, the owner of the D Building Nos. 1404 and 104 (hereinafter “instant building”) on the condition that the lease deposit was KRW 29,00,000,00 for the lease deposit, and the lease term was from April 24, 2013 to February 23, 2015 (hereinafter “the lease” in this case), and on April 24, 2013, the Plaintiff received a move-in report at the location of the instant building and obtained a fixed date.

B. At the time of the instant lease agreement, the right to collateral security was established on December 9, 201 under the name of the Man-dong Saemaeul Community Depository (hereinafter “ safe”), on the instant building at the time of the instant lease agreement, and thereafter, the decision on commencing auction was made on July 9, 2013 when the credit cooperative filed an application for voluntary auction on the instant building with the Jung-dong District Court Goyang Branch C, and the said auction procedure was in progress.

On the other hand, in the above auction procedure, the plaintiff reported the demand for distribution and the right as a lessee.

C. On November 28, 2014, on the date of distribution, the auction court prepared a distribution schedule to the effect that the Defendant, who acquired claims against the credit cooperative, pays KRW 70,436,723 to the Defendant, except for the Plaintiff’s dividends on the date of distribution (hereinafter “instant distribution schedule”), and the Plaintiff raised an objection as to KRW 22,00,000 out of the Defendant’s amount of dividends on the said date of distribution.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff asserts that, since he is the genuine tenant who entered into a lease agreement with E on the instant building and actually paid the lease deposit, 22,000,000 won should be distributed to himself out of the amount of dividend against the defendant under the instant distribution schedule.

As to this, the defendant shall make a false lease contract on the building of this case for the purpose of receiving a small amount deposit from the plaintiff.