1. Of the distribution schedule prepared by the said court on September 8, 2016 in the case of the auction of real estate B in the Changwon District Court Msan Branch B.

1. Facts of recognition;

A. On October 15, 2015, upon the Plaintiff’s request, the decision to commence a voluntary auction was rendered on several parcels of real estate, such as D, the Hanam-gun, the debtor C, to which the Changwon District Court was Msan Branch B.

B. On March 17, 2015, the Defendant: (a) completed a lease agreement between C and C on the above land (road name address: Haan-gun E; hereinafter “the instant housing”); (b) the lease deposit amount of KRW 30,000,00; and (c) the lease period of KRW 36 months from March 17, 2015; and (b) completed the move-in report at the above address on March 20, 2015.

C. On September 8, 2016, a court of execution shall distribute the amount of KRW 14,00,000, out of KRW 229,229,200,00 to be actually distributed on the date of open distribution, to the Defendant, who is the top priority lessee. The court of execution shall distribute the amount of KRW 215,119,410 to the Plaintiff, who is the right to collateral security, to the Defendant.

On September 12, 2016, the Plaintiff filed a lawsuit of demurrer against distribution against the Defendant on the date of distribution.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant is the most lessee who entered into a false rental agreement with C in order to preferentially recover the amount of the small amount deposit, so it should be excluded from the distribution of dividends.

In this regard, the defendant asserts that he actually entered into a lease contract and paid the deposit is duly distributed as the genuine lessee.

B. As seen earlier, the Defendant prepared a lease agreement on March 17, 2015, which was the period from March 17, 2015 to March 36, 2015 with respect to the instant housing between C and C, and filed a move-in report on March 20, 2015.

However, the following circumstances, i.e., evidence of Nos. 3, 4, and 1, 2, and 8 (including paper numbers), which can be revealed by considering the overall purport of the pleadings, can be proved by the move-in report alone.