1. A lease agreement entered into on October 6, 2015 between the Defendant and Nonparty F on real estate indicated in the separate sheet is concluded between the Defendant and Nonparty F.

1. On February 19, 2018, in the case of voluntary auction as indicated in Paragraph (2) of the Disposition on the Real Estate listed in the Attached List of Basic Facts (hereinafter “instant real estate”), the Defendant submitted to the executing court a lease contract on October 6, 2015, which was concluded with F as to one column among the instant real estate, and demanded a report on rights and a demand for distribution. The Defendant asserted that he completed the move-in report and the fixed date of the instant real estate on October 12, 2015, as a small-sum lessee who completed the lease contract at KRW 30,000,000 (hereinafter “instant lease contract”).

On November 15, 2018, a court of execution prepared and presented a distribution schedule to the Plaintiff, who is the applicant creditor and the mortgagee, as the mortgagee, and to distribute KRW 692,705,149 to the Defendant, who is the lessee of small claims, the amount of KRW 25,00,000 (hereinafter “instant distribution schedule”), and the Plaintiff stated an objection against the total amount of dividends to the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 8 (including virtual number), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion 1) The Defendant does not conclude the instant lease contract for residential purpose, but is the most lessee who received the move-in report and the fixed date in a formal manner to receive preferential dividend as small-sum lessee. Therefore, the amount of dividend to the Defendant ought to be distributed to the Plaintiff. 2) Alternatively, as F concluded the instant lease contract with insolvent, the instant lease contract constitutes a fraudulent act, and thus, the amount of dividend to the Defendant ought to be revoked and the amount of dividend should be distributed to the Plaintiff.

B. Defendant’s assertion 1) The Defendant entered into the instant lease agreement with F and the actual resident in the room 1 column among the instant real estate is not the most lessee. 2) It is difficult to view that F was insolvent at the time of entering into the instant lease agreement, and even if F is insolvent.