1. The above court prepared on November 9, 2016 with respect to the case of application for the auction of the real estate B in Gyeyang-gu District Court Goyang-gu.

1. Basic facts

A. On June 26, 2013, in order to secure the debtor C’s claim against the debtor C Co., Ltd., the Industrial Bank of Korea: (a) determined the maximum debt amount as KRW 120,00,000 with respect to the Koyang-gu E apartment Nos. 1909, 802 (hereinafter “instant real estate”) owned by Nonparty D, and completed the registration of the establishment of a mortgage.

B. On January 4, 2016, the Industrial Bank of Korea filed an application for voluntary auction on the grounds of delinquency in the payment of principal and interest, and on January 4, 2016, the decision to commence auction on the instant real estate was issued on the next day, and the entry registration was completed.

C. On March 29, 2016, the Plaintiff: (a) transferred all the contractual parties to the contract, including the Industrial Bank of Korea’s loans and all rights, including the instant collateral security, etc., from the Industrial Bank of Korea and the Nonparty Korea Securities Finance Co., Ltd.; and (b) completed the notification procedure under the relevant statutes.

On January 12, 2016, prior to the date of the completion period to demand distribution, the defendant submitted a report of right and a written application for demand for distribution to the court of execution on the ground that the defendant is a lessee with respect to partitions that is a part of the instant real estate.

E. As the instant real estate was sold to Nonparty F on October 13, 2016, the executing court drafted a distribution schedule with the content that, on the date of distribution commenced on November 9, 2016, the said real estate distributed KRW 19,550,00 to the Defendant (Lessee), KRW 181,570 in the first order to the Defendant, and KRW 182,00,000 in the second order to the Goyang-gu, Yangyang-gu, Yangyang-gu, and KRW 192,00,00 in the third order to the Nongup Co., Ltd., and to the Plaintiff (the subsequent mortgagee), KRW 95,64,180 in the fourth order to the lower court.

F. On the date of the above distribution, the Plaintiff raised an objection against the distribution portion of the Defendant, and on November 16, 2016, filed a lawsuit of demurrer against the distribution of the instant case, and on the same day, submitted the evidence of lawsuit to the executing court.

【Legal basis for recognition】 Each entry of evidence Nos. 1 through 8, 11, and 12 (including branch numbers; hereinafter the same shall apply), significant facts in this court, and the purport of the whole pleadings.