1. With respect to the case of compulsory auction of real estate B and C (Dual) by the Incheon District Court, the above court on November 6, 2018.

1. Facts of recognition;

A. (1) The Plaintiff loaned KRW 200 million to E on April 22, 2016, and D guaranteed the Plaintiff’s debt to the Plaintiff on the same day. (2) On November 15, 2017, the Plaintiff filed an application for provisional attachment with the Changwon District Court for a claim amounting to KRW 201,358,075 on the instant apartment as the Changwon District Court Jinju Branch Branch 2017Kadan10937, Nov. 15, 2017, and received a provisional attachment order from the said court on November 16, 2017.

B. On October 18, 2017, the Korea Credit Guarantee Fund filed an application for a compulsory auction on the instant apartment owned D with the Incheon District Court Vice-Support B on October 18, 2017, and the said court rendered a decision to commence a compulsory auction on October 19, 2017 (hereinafter “instant auction procedure”).

(2) On November 29, 2017, the Plaintiff filed a report on the right and demand for distribution as D’s creditor at the instant auction procedure.

3) On December 5, 2017, the Defendant, as a lessee with a fixed date at the instant auction procedure, filed a report on the right and demand for distribution regarding KRW 200 million. (c) On November 6, 2018, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the Defendant, as the lessee, distributes KRW 457,247,353, which deducts KRW 4,772,790 from total sales proceeds and interest, etc. from totaling KRW 462,020,143 from total sales proceeds and interest, etc. in the distribution procedure, and distributed KRW 462,77,353 to the actual amount of dividends. In view of the Defendant’s claim amount as KRW 200,000,000,000 to the Defendant (hereinafter “instant distribution schedule”).

2) On November 6, 2018, the Plaintiff appeared on the date of distribution of the instant auction procedure, and raised an objection to the entire amount distributed to the Defendant on November 9, 2018, and thereafter filed the instant lawsuit on November 9, 2018. [In the absence of dispute over the grounds of recognition, the entries in the items of evidence Nos. 1, 2, 7, 8, and 9, and the purport of the entire pleadings.

2. The plaintiff's assertion

A. The Defendant, as seen earlier, received dividends from the instant auction procedure as a lessee with a fixed date, and the relationship with the Defendant and D.