1. Of the dividend table prepared by the above court on January 30, 2018 with respect to the auction of real estate B in Incheon District Court.

1. Basic facts

A. The Plaintiff loaned money to C around April 2014, around the time when Nonparty C purchased the instant real estate located in Nam-gu Incheon Metropolitan Government D (hereinafter “instant real estate”), and on April 15, 2014, on April 15, 2014, the Plaintiff completed the registration of the establishment of the instant real estate, consisting of the debtor C, the mortgagee, the Plaintiff, the maximum debt amount of 130,000,000.

B. On January 30, 2018, the Plaintiff filed an application for a discretionary auction of real estate concerning the instant real estate with the Incheon District Court B, and in the auction case, on January 30, 2018, the auction court prepared a distribution schedule to distribute the amount of KRW 120,464,419 to the Defendant, who is the top priority lessee of the instant real estate, the amount of KRW 25,00,000,000, and the remaining amount of KRW 95,464,419 to the Plaintiff, the applicant creditor

(hereinafter “instant distribution schedule”). C.

On January 30, 2018, the Plaintiff appeared on the date of distribution, and stated an objection to the whole amount of the Defendant’s dividends, and filed the instant lawsuit on February 1, 2018.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Defendant is the most lessee, while the Defendant, from September 26, 2016, leased the instant real estate from C to KRW 25,000,000, and is the genuine lessee who resided in the instant real estate.

B. As of September 26, 2016, the Defendant entered into a lease agreement with C to rent KRW 25,000,000 from the lease deposit for the instant real estate. The Defendant remitted KRW 23,00,000 to C on September 29, 2016, and the Defendant entered into a move-in report with the fixed date on September 30, 2016 with the said lease agreement and completed the move-in report on the instant real estate after obtaining the move-in report on September 30, 2016 may be recognized either as a dispute between the parties or in accordance with the purport of the entire pleadings.

On the other hand, however, the following circumstances, which are acknowledged as comprehensively considering the contents of evidence Nos. 2 through 8, namely, the defendant C.