1. The same court shall have jurisdiction over the auction of the real estate acquired at the auction of the Speaker's District Court and the High Court and the High Court and the same court.

1. Basic facts

A. In order to secure the claims against Nonparty C, the Industrial Bank of Korea of the Plaintiff’s claims against Nonparty C refers to the real estate of this case, No. 103, 103, and 103, Goyang-dong, Yongsan-gu, Busan Metropolitan City.

On June 30, 2011, the registration of creation of the right to collateral security was completed with the maximum debt amount of KRW 162,000,000.

B. On August 27, 2014, the Defendant entered into a lease agreement with C with a deposit of KRW 20,000,000 as to one column of the instant real estate (hereinafter “instant lease agreement”). On September 2, 2014, the Defendant filed a move-in report on the instant real estate and obtained a fixed date on the same day.

C. On November 13, 2014, upon the application for the commencement of auction at the above Industrial Bank of Korea’s auction procedure, the said court made a decision on the said decision as the High Government District Court Goyang Branch B, and the auction procedure (hereinafter “instant auction procedure”) was in progress.

The Plaintiff, who acquired the claim against C from the Industrial Bank of Korea, made a demand for distribution with the amount of claim 14,219,266 won until the date of distribution, and the Defendant also reported the right as a lessee and made a demand for distribution.

On October 15, 2015, the above court prepared a distribution schedule with the purport that the Defendant paid 20,000,000 won to the Defendant, and that the Plaintiff distributes 148,541,607 won out of the amount of credit of 153,081,020 won to the Plaintiff (hereinafter “instant distribution schedule”).

Accordingly, the plaintiff appeared on the date of distribution and raised an objection against KRW 4,539,413 among the defendant's dividends.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8 and 9, and the purport of the whole pleadings

2. The plaintiff alleged by the parties concerned is unfair to distribute the amount of 20,000,000 won equivalent to the small amount of deposit to the defendant, even though the defendant was the most lessee who entered into a lease agreement on the real estate in order to receive the small amount of lease deposit. Therefore, the total amount of credit to the plaintiff.