1. Of the distribution schedule prepared by the above court on October 8, 2014, the defendant in the case of the Ji Government District Court B real estate auction.

1. Basic facts

A. The Plaintiff completed on March 4, 2009 the registration of creation of a neighboring mortgage of KRW 150,000,000 on the apartment of this case owned by C in order to secure the claim for the loans (principal KRW 120,000,000) against Nonparty C (hereinafter “instant collateral mortgage”).

B. After the occurrence of arrears with the above loan obligation, the Plaintiff applied for a voluntary auction on the instant apartment on December 17, 2013, which was issued by the above court on December 19, 2013, to the Jung-gu District Court B, based on the foregoing right to collateral security.

(hereinafter “instant auction procedure”). C.

However, as of October 23, 2013, the Defendant prepared a lease contract to rent the apartment of this case in KRW 18 million, monthly rent of KRW 250,000 between C and C, and completed the move-in report and the registration of the fixed date on the next day, and filed a report on the right with the executing court and the demand for distribution at the auction of this case.

Meanwhile, on July 22, 2014, the Defendant was awarded the instant apartment in KRW 108,00,000.

On October 8, 2014, a court of execution made a distribution of KRW 14,00,00,000 among the amount to be actually distributed on the date of distribution open on October 8, 2014, to the Defendant who reported to the lessee of small claims in the first priority order, and the remaining KRW 92,583,720, as well as the remaining KRW 92,583,720, as well as the distribution schedule (hereinafter “instant distribution schedule”).

E. Accordingly, on the date of distribution, the Plaintiff stated an objection to the total amount of dividends to the Defendant, and thereafter filed the instant lawsuit on October 13, 2014, one week thereafter.

【Ground for recognition】 The fact that there has been no dispute, Gap's 1-3 evidence, Gap's 5 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the parties’ assertion is that the Plaintiff deleted the amount of dividends against the Defendant and distributes it to the Plaintiff, as the primary claim is merely a tenant of the Defendant.