1. It was drawn up by the original district court on March 26, 2020 with respect to the voluntary auction case of D's real estate in the Changwon District Court Msan Branch.

1. Facts of recognition;

A. On August 16, 2016, the Plaintiff loaned KRW 100 million to E. In order to secure the above debt on the same day, E completed registration for the establishment of a lower-class right with the maximum claim amounting to KRW 130 million with respect to F land, G land, H land, and two-story detached buildings on each of the above land (hereinafter collectively referred to as “each of the instant real estate,” and the above building was collectively referred to as “the instant building”).

B. Upon delinquency in the repayment of the principal and interest of the above debt, the Plaintiff applied for an auction on each of the instant real estate on January 30, 2019, and on the same day, rendered a decision to commence the auction voluntarily to the Changwon District Court Msan Branch D (hereinafter “instant auction procedure”). C.

The Plaintiff’s claim on the above loan doctrine against E by March 26, 2020, the date of the instant auction procedure, until March 26, 2020 (==89,152,400 won) plus KRW 9,896,00 (interest and delayed damages).

In the auction procedure of this case, the defendant asserted that he is the lessee of the second floor of the building of this case, and on March 21, 2019, submitted a report on the right to lease deposit of KRW 30 million ( monthly rent of KRW 100,000) and a written application for demand for distribution.

E. The lease agreement signed between the Defendant and E on September 26, 2018 is comprised of KRW 30 million, monthly rent of KRW 100,000, and the term of lease from September 26, 2018 to 24 months.

The defendant completed a move-in report on November 30, 2018 and received a person on December 5, 2018.

F. On March 26, 2020, which is the date of the instant auction procedure, the dividend amount to the Defendant was set up in the dividend table (hereinafter “instant dividend table”) with the content that the dividend amount to the Plaintiff is KRW 17 million (order 1, lessee, and top priority) and that the dividend amount to the Plaintiff is KRW 65,335,89 (order 2, applicant creditor, collateral security creditor).

G. The Plaintiff appeared on the dividend date and raised an objection against the total amount of dividends to the Defendant. On March 31, 2020, the Plaintiff filed a lawsuit of objection against the instant dividends.

[Reasons for Recognition]