1. Of the distribution schedule prepared on February 24, 2017 by the same court with respect to the auction of real estate B by Busan District Court.

1. Basic facts

A. On March 3, 2016, the Bank of the Pest Savings Co., Ltd. established, respectively, the right to collateral security (the maximum debt amount 212,400,000) and the maximum debt amount 92,40,000 on March 4, 2016, with respect to the Busan Gangseo-gu D building, 107, Dong 502 (hereinafter “instant real property”), while granting a loan to C, respectively.

B. The Pest Savings Bank applied for the auction of real estate rent to Busan District Court B with respect to the instant real estate based on the above collateral security, and the auction procedure was conducted. The Plaintiff acquired the above collateral loan claim from the Pest Savings Bank to C, and succeeded to the Pest Savings Bank in the above auction procedure.

C. Meanwhile, at the above auction procedure on July 18, 2016, the Defendant submitted a report on the right and an application for the demand for distribution to the auction court. On April 12, 2016, the Defendant concluded a lease agreement with C, setting the lease deposit amount of KRW 20,000,000, and KRW 550,000 per month on rent (hereinafter “instant lease agreement”), concluded a move-in report on the resident registration on May 9, 2016, and claimed as a small-sum lessee who obtained the fixed date on May 10, 2016.

On February 24, 2017, at KRW 288,240,021, which is the date of distribution, the distribution schedule was prepared in order of 20,000,000 won to the Defendant, who is the lessee (small amount), and the Plaintiff, the applicant creditor (small amount), who is the applicant creditor, as the fourth order of 208,030,960 won, and 58,901,931 won to distribute each dividend.

E. The Plaintiff appeared on the aforementioned date of distribution and made a statement of objection to distribution against the full amount of KRW 20,000,000 distributed to the Defendant, and thereafter filed the instant lawsuit on March 3, 2017, within seven days thereafter.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. On April 12, 2016, the date of entering into the instant lease agreement, setting the right to collateral security, which exceeds the appraised value or market price of the instant real estate as of April 12, 2016.