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 November 3, 2014, the Plaintiff created a collateral security right of KRW 150,000,000 with respect to D apartment (hereinafter “instant apartment”) owned by C in Busan-gu, Busan-gu, Busan-do (hereinafter “instant apartment”) (hereinafter “D1027”).

B. Upon delay in the repayment of the principal and interest of the above loan, the Plaintiff applied for a voluntary auction against D 1027 to Busan District Court B, and received the order to commence the voluntary auction from the above court on June 17, 2016 (hereinafter “instant voluntary auction”).

C. As to D 1027 during the instant voluntary auction procedure, the Defendant filed a demand for distribution by submitting a lease agreement dated February 4, 2016, stating each amount of KRW 35,000,000, a lessor, lessee, and lease deposit as to D 1027.

The above auction court prepared a distribution schedule of KRW 135,477,214, which deducts execution expenses, etc., from the proceeds of sale referred to in D 1027, and distributed KRW 20,000,00 to the Defendant as a small lessee, and KRW 110,104,274 to the Plaintiff as a mortgagee of a small amount.

E. On January 24, 2017, the Plaintiff appeared on the date of distribution, and raised an objection to the whole amount of dividends to the Defendant among the instant distribution schedule, and filed the instant lawsuit on January 26, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 4 and Eul evidence 6-2

2. The parties' assertion

A. The Defendant merely entered into a lease agreement with F without the right to lease as set forth in D 1027, but did not enter into a lease agreement with C, and thus, it is not a creditor who returned the lease deposit to C.

Therefore, the instant dividend table should be corrected to delete all the dividend payments to the Defendant and distribute all the dividend payments to the Plaintiff.

B. Defendant entered into a lease agreement with respect to the instant apartment Nos. 901 (hereinafter “D 901”) as a broker of F, and the lease deposit is 35,000.