1. On March 14, 2018, the case of application for the auction of the status of real estate C in Suwon District Court is prepared by the above court.

1. Basic facts

A. On April 27, 2005, the ownership was transferred to E on the same day on the same day as the donation on the ground of a single-story panel on the first floor of Pyeongtaek-si D, which was owned by Defendant A (hereinafter “instant real estate”).

B. As to the instant real estate on May 27, 2005, the establishment registration of a mortgage (hereinafter “mortgage”) was completed on the same day with the maximum debt amount of 40,00,000,000 won, and on the same day, with respect to the instant real estate as the obligor E and the Defendant B.

C. As to the instant real estate on December 22, 2009, the establishment registration of the mortgage was completed on December 23, 2009, on the ground of the mortgage contract, the maximum debt amount of KRW 261,00,000,000, the debtor corporation, the debtor corporation, and the Plaintiff as the mortgagee.

On March 14, 2018, the distribution schedule was prepared by Defendant A to receive 12,00,000 won as a small lessee, Defendant B’s collateral security interest of KRW 40,000,000, and the Plaintiff’s junior collateral security interest of KRW 5,261,671 as a junior collateral, in the case of the auction of the sale of the real estate in Pyeongtaek Special Housing Site C, which was commenced upon the Plaintiff’s application.

E. On the date of distribution, the Plaintiff raised an objection to the total amount of the dividend distributed by the Defendants, and filed the instant lawsuit within seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 6, 7, Eul evidence 1 and 3, the purport of the whole pleadings

2. Defendant A is the most lessee of the Plaintiff’s assertion, and the instant collateral security is null and void because the secured obligation does not exist, thus seeking revision of the distribution schedule as stated in the purport of the claim.

3. Determination

A. In light of the fact that there is no dispute over claim against Defendant A, the aforementioned evidence, evidence Nos. 5, and evidence No. 2, the purport of the entire pleadings, Defendant A transferred to the instant real estate by E, May 2, 2005, and Defendant A continued to maintain the resident registration of E even after Defendant A transferred to the instant real estate on July 21, 2008.