1. As to KRW 75,038,443 and KRW 42,961,83 among the Plaintiff, Defendant A’s year from May 29, 2014 to August 25, 2014.

1. Basic facts

A. On March 22, 2013, Defendant A entered into a loan transaction agreement with the Industrial Bank of Korea for loans of KRW 378,00,000,000 and by March 22, 2023. The Industrial Bank of Korea transferred the above loan claims against Defendant A on June 20, 2013, and the Plaintiff satisfied the requirements for setting up against the Plaintiff.

(Registration under the term-backed securitization plan under Article 26 of the Korea Housing Finance Corporation Act).

On the other hand, on March 22, 2013, the Industrial Bank of Korea registered the establishment of a collateral security on the real estate listed in the separate sheet owned by Defendant A (hereinafter “instant real estate”) with the maximum debt amount of KRW 453,600,000, and on October 31, 2013, the registration of the establishment of a collateral security was completed under the Plaintiff’s name.

C. From July 23, 2013, the Defendant did not pay the loan from July 23, 2013, thereby losing the benefit due to the overdue interest and interest of the Defendant on October 22, 2013.

On March 25, 2013, Defendant B entered into a lease agreement between Defendant A and the instant real estate with a deposit of KRW 20 million, monthly rent of KRW 900,000,000, and the lease agreement between March 30, 2013 and March 29, 2015 (hereinafter “instant lease agreement”), and obtained a fixed date on October 28, 2013.

E. Meanwhile, upon the Plaintiff’s application, the voluntary auction on the instant real estate was commenced (C). On May 27, 2014, the said court, as the first priority on the date of distribution implemented on May 27, 2014, distributed KRW 12.7 million as a small lessee to Defendant B, and, on the second priority, drafted a distribution schedule in which the Plaintiff distributes the amount of KRW 335,038,167 out of the amount of claim 383,053,80 and KRW 335,03,167 among the amount of claim 383,053,80 and KRW 387 among the amount of claim to the Plaintiff.

F. The Plaintiff appeared on the date of distribution of this case, and raised an objection against the whole amount of distribution to Defendant B, and filed the instant lawsuit.

G. As of November 11, 2013, the value of the instant real estate as of November 11, 2013 is KRW 347 million, and the Defendant A, at the time of entering into the instant lease agreement, shall be the property other than the instant real estate.