1.(a)

With respect to the Nam-gu B and 102 Dong 3405, a lease contract between the defendant and C is concluded on April 1, 2014.

1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the whole purport of the pleadings in each entry in Gap evidence 1 to 6, 13, and 16:

C In receiving a loan from the National Bank (hereinafter “National Bank”), on November 25, 2010, C completed the creation registration of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the real estate as stated in the Disposition No. 1 (hereinafter “instant real estate”) on November 25, 2010, the National Bank completed the creation registration of the right to collateral security (hereinafter “instant right to collateral security”).

B. On May 14, 2014, upon C’s failure to repay the principal and interest of the instant real estate, a voluntary decision to commence the auction procedure (hereinafter “instant auction procedure”). The Plaintiff acquired the right to collateral security loans from a national bank from the national bank, and completed the procedure for assignment of claims and the procedure for registration of mortgage under the Asset-Backed Securitization Act.

C. Meanwhile, on April 1, 2014, the Defendant entered into a lease agreement with C to lease the instant real estate by setting the lease deposit amount of KRW 27,00,000, and the term of lease from April 1, 2014 to April 1, 2016 (hereinafter “instant lease agreement”), concluded a move-in report on the same day and obtained a fixed date, and subsequently filed a report on the right and demand for distribution with C on May 27, 2014 when the instant auction procedure was in progress.

On April 28, 2015, a court of execution prepared a distribution schedule with the content that distributes KRW 22,00,000 to the Defendant, 1,164,420, among KRW 337,720,653, which is to be actually distributed, to the Defendant, and to the Incheon Southern-gu, Incheon, a person holding a right to deliver KRW 1,164,420 (the pertinent tax), and to the Plaintiff, a mortgagee, who is a right to collateral security, distributes the amount of KRW 314,56,23 in the last order. The Plaintiff stated an objection against the whole amount of dividends to the Defendant on the date of distribution, and filed the instant lawsuit on May 4, 2015, which is within

2. Judgment as to the main claim

A. The instant lease agreement, which is the cause of the claim, is the defendant of this case.