1. The Defendant was on February 25, 2015, the procedure for the public sale of real estate A by the Korea Asset Management Corporation and the Korea Shipping Daegu Office.

1. Basic facts

A. In 2013, with respect to the real estate No. 201 (hereinafter “instant real estate”) on the first and second floors, Busan Shipping Daegu CFD Co., Ltd. (hereinafter “instant real estate”), the Korea Asset Management Corporation A real estate auction procedure (hereinafter “instant public sale procedure”) had commenced.

B. In the instant public auction procedure, on April 11, 201, the Plaintiff, who established the first priority collective security right of KRW 1,576,532,650,000 with respect to the instant real estate, demanded the distribution by reporting the loan claim of KRW 1,576,532,650 with respect to the instant real estate. On September 11, 2012, the Defendant reported the lease deposit amount of KRW 5,00,000 and demanded the distribution by reporting the lease deposit claim, etc. on the ground that the instant real estate was leased from B.

C. On May 25, 2015, the Director of the Korea Asset Management Corporation prepared a distribution statement with a preference to allocating KRW 5,000,000 to the Defendant, out of the amount to be distributed according to the instant public sale procedures, and allocating the remainder of KRW 250,430,480 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff's assertion is the most lessee who entered into a false lease contract with B, and the lease deposit distributed to the defendant should be distributed to the plaintiff who is the first mortgagee.

B. The following circumstances, which can be seen by comprehensively considering the overall purport of the pleadings in each of the evidence and evidence set forth in Gap's evidence and evidence set forth in Gap's evidence Nos. 2 through 4 and Eul's evidence Nos. 1 through 4 (including branch numbers) as to the real estate of this case, namely, the commencement of voluntary auction on June 8, 2012 at the Busan District Court's Dong Branch D, and the registration of voluntary decision of commencement of auction was completed on March 8, 2013, and the registration of voluntary decision of commencement of auction was completed on March 27, 2013, and the registration of cancellation of voluntary decision of commencement of auction was completed on March 27, 2013. The lease agreement asserted by the defendant was concluded on September 11, 2012.