Of the distribution schedule prepared on December 18, 2019 by the said court with respect to the Suwon District Court D's D's auction of real estate, the defendant is the defendant.

1. On October 4, 201, the Plaintiff leased KRW 70,000,00 to the deceased E, and completed the registration of the establishment of a neighboring mortgage as the mortgagee, the mortgagee, and the debtor as the deceased, with respect to the Seosung-si F lending G (hereinafter “instant real estate”).

As the Deceased died on August 25, 2016, the Plaintiff completed the registration of transfer of ownership based on inheritance in the name of the Defendant on December 20, 2016 in subrogation of the Defendant, who is the inheritor of the Deceased.

On October 13, 2016, the Suwon District Court D rendered a decision to commence a voluntary auction of real estate on the instant real estate.

(hereinafter “instant auction procedure.” On October 28, 2016, the Defendant filed a report on the right and demand for distribution as a small lessee by asserting that he/she is a lessee in the partition of the instant real estate at the instant auction procedure.

On December 18, 2019, a date of distribution, a court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes 14,000,000 won to the Defendant as a lessee of small claims (the first order), and 56,305,304 won to the Plaintiff as a mortgagee of the right to collateral security (the second order).

The Plaintiff appeared on the date of the aforementioned distribution, and raised an objection against the total amount of the Defendant’s dividends, and on December 23, 2019, which was seven days thereafter, filed a lawsuit of demurrer against the Defendant.

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

2. Determination as to the cause of action

A. In a case where the relevant legal doctrine, etc. were in collusion with others, or where the lessee did not actually possess or use the object of lease contract, etc. but demanded a distribution by preparing only the lessee’s form in order to receive the dividend of the lease deposit, such most lessee, etc. is not entitled to receive the distribution in the auction procedure (see, e.g., Supreme Court Decision 9Da69624, Apr. 21, 200).