1. The plaintiff's main claim is dismissed.

2. The defendant and C shall be divided into one square room among the D apartment E-head of the Council of the Republic of Korea.

1. Basic facts

A. The Industrial Bank of Korea established the right to collateral security (hereinafter “instant right to collateral security”) with respect to D Apartment E (hereinafter “instant real estate”) owned by the Council-si, the Government of the Republic of Korea (hereinafter “C”) with a maximum debt amount of KRW 300,000,000 on January 12, 201, in order to secure the loans against G Co., Ltd. (hereinafter “G”).

Since then, G received loans from the Industrial Bank of Korea in KRW 150,000,000 on January 8, 2016, and KRW 127,500,000 on July 4, 2017 (hereinafter “instant loans”), and C jointly and severally guaranteed the instant loans to the Industrial Bank of Korea.

B. On March 27, 2018, the Industrial Bank of Korea received a decision to commence the sale of real estate on the instant real estate based on the instant collateral security (F) and thereby commenced the voluntary auction procedure on the instant real estate (hereinafter “instant auction procedure”).

C. On June 1, 2018, the Industrial Bank of Korea transferred the instant loan claims and the instant right to collateral security to H Co., Ltd., and on June 28, 2018, H Co., Ltd. transferred the instant right to collateral security to the Plaintiff. On July 18, 2018, the Plaintiff submitted a report on the change of creditors at the instant auction procedure.

On February 28, 2018, the Defendant entered into a lease agreement with C and the terms and conditions of lease deposit amounting to KRW 25,000,00 without monthly rent, and the lease period from March 5, 2018 to March 4, 2020 (hereinafter “instant lease agreement”), and resided in the instant real estate from March 6, 2018. The Defendant asserted, and filed an application for a report on the right and demand for distribution on May 28, 2018 at the instant auction procedure.

E. Thereafter, in the instant auction procedure, the instant real estate was sold and distributed KRW 247,05,069, which deducted the execution cost. On December 14, 2018, the District Court distributed KRW 22,000,000 as the top priority lessee to the Defendant, and distributed KRW 224,692,359 to the Plaintiff as the first priority lessee.