1. It was drawn up by the above court on March 29, 2016 with respect to the senior auction of real estate C in Gyeyang-gu District Court.

1. Basic facts

A. On February 2, 2015, prepared between D and the Defendant, the Defendant applied for provisional seizure of real estate under the Goyang Branch of the District Court 2015Kadan50210, Jun. 5, 2015, and completed provisional seizure and the provisional seizure registration by obtaining a decision of provisional seizure on August 31, 2015, on the ground that D had a claim for the lease deposit amount of KRW 200,000,000 against D based on the real estate lease agreement (No. 4 and No. 5-1; hereinafter “instant lease agreement”).

B. On July 20, 2015, upon the Plaintiff’s application, who was the mortgagee, who completed the registration of creation on August 23, 2013, the decision of commencement was rendered on July 20, 2015, with respect to the instant real estate owned D, the order of commencement of the senior auction of real estate C with the Goyang-gu District Court High Court (hereinafter “instant auction”). On October 14, 2015, the Defendant filed an application for a report of rights and a demand for distribution with the instant auction court as the creditor of provisional attachment according

C. On March 10, 2016, the Plaintiff filed a claim attachment and collection order with the Seoul Western District Court 2016TTB2399 regarding the surplus remaining in the process of distributing dividends of the instant auction on the grounds that there is a separate claim other than the claim secured by the right to collateral security as follows, and received the claim attachment and collection order on March 22, 2016.

On March 29, 2016, the instant auction court drafted a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes KRW 163,530,737 to the Defendant, a person holding a provisional attachment, who is the right to collateral security, KRW 925,071,172, and the Defendant, a person holding a provisional attachment, who is the right to collateral security (hereinafter “instant distribution schedule”).

E. On the other hand, the Plaintiff appeared on the date of distribution on March 29, 2016, and raised an objection against KRW 151,868,982 out of the dividend amount against the Defendant, who is the person entitled to provisional seizure, in subrogation of D, and filed a lawsuit of demurrer against distribution on April 5, 2016.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 13 (including each number), Eul evidence No. 4, and all pleadings.