1. Of the distribution schedule prepared on January 26, 2018 by the above court with respect to the case of application for a voluntary auction of real estate C in the Incheon District Court.

1. Facts of recognition;

A. On May 2008, the Plaintiff: (a) lent D at an annual interest rate of KRW 30,000,000,000 to D; and (b) completed the registration of establishment of a neighboring maximum debt amount of KRW 45,00,000 for the purpose of securing the said loan claim (hereinafter “instant apartment”).

(hereinafter “instant collateral security”). B.

The senior mortgage was established on the apartment house of the National Bank of Korea, but the procedure of auction of real estate was initiated to the Incheon District Court C with respect to the apartment house of this case due to the application for voluntary auction by the National Bank.

(hereinafter “instant auction procedure”). C.

On July 12, 2017, the Defendant filed a report on the right to KRW 30,00,000 for lease deposit and filed an application for demand for distribution, and the auction court prepared a distribution schedule in which the amount of KRW 105,638,914 was deducted from the amount to be distributed on January 26, 2018, the remainder of KRW 103,335,332 for actual dividends, which is the amount of KRW 103,348,582, the Defendant distributed KRW 16,00,00 to the Defendant on the ground that he/she is the top priority lessee. The Defendant distributed KRW 532,770 for the Nam-gu Incheon Metropolitan City, a person holding the right to delivery (the pertinent tax), and the Defendant distributed KRW 74,347,149 for the National Bank, a person holding the right to collateral security (hereinafter “instant distribution schedule”). The Plaintiff, who is the right to collateral security, distributed the remainder of KRW 12,468,63 (hereinafter “instant”).

The Plaintiff attended the aforementioned date of distribution, and raised an objection to the total amount of dividends of the Defendant, which was seven days thereafter, on January 31, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 and 5, each of the statements, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff 1’s assertion that the parties concerned did not have the claim for the return of the lease deposit against D, but concluded a false lease agreement to receive dividends as a small lessee, and thus, the amount of dividends to the Defendant out of the distribution schedule is deleted.