1. The Plaintiff:

A. Defendant A is in the process of the Korea Asset Management Corporation’s management number 2,000 C real estate auction.

1. Basic facts

A. On November 6, 2013, the registration of attachment was completed on November 6, 2013 with respect to the Ftel No. 802 of the Ftel No. 802 on the ground (hereinafter “instant building”) on the plot of land, Seoyang-gu, Seoyang-gu, Seoyang-gu, Incheon, and one parcel (hereinafter “instant building”).

B. The Plaintiff, who acquired the right to collateral security of the long-term three community credit cooperatives, demanded the allocation of the claim amounting to KRW 33,163,716 (However, the maximum debt amount of the right to collateral security is KRW 312,00,000), and the Defendant A demanded the allocation of the claim amounting to KRW 50,000,000 as the lessee whose deposit is KRW 20,000,000.

C. On January 15, 2016, the Korea Asset Management Corporation conducted the procedure for the public sale of real estate in the instant building, including the management number 2,00,000,000 won to Defendant A, and 20,000,000 won to Defendant B, and 228,670,950 won to the Plaintiff.

On January 15, 2016, the Plaintiff filed an objection against the total amount distributed to the Defendants, and filed the instant lawsuit on January 20, 2016.

【Ground for Recognition: Facts without dispute, entries in Gap evidence 6, 7, and 11, and purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendants, as the most lessee, are the Plaintiff, have prepared an invoice by which the claim was distributed without being entitled to receive the distribution in the instant public auction procedure, and thereby incurred losses that the Plaintiff acquired due to this.

Therefore, the Defendants should transfer the right to claim the above distribution of unjust enrichment to the Plaintiff, and notify the Korea Asset Management Corporation of the purport thereof.

B. The Defendants are legitimate lessees, and each claim against the Defendants is not permissible.

3. Determination

A. According to each of subparagraphs 1 through 7, whether Defendant A is the most lessee, Defendant A is the most lessee. Defendant A on September 9, 2013.