1. It was prepared on June 26, 2019 by the preceding district court with respect to the auction case of real estate C in the military court of the preceding district court.

1. Basic facts

A. On March 28, 2018, the Plaintiff filed an application for a real estate discretionary auction (C) with the Jeonju District Court for the real estate auction against the E-dong (hereinafter “instant building”) of the ground building F-dong (hereinafter “instant building”) owned by Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”).

B. On June 26, 2019, the above court prepared a distribution schedule with the content that distributes KRW 15,00,000 to the Defendant and KRW 525,730,249 to the Plaintiff in the third order (hereinafter “instant distribution schedule”).

C. On June 26, 2019, the Plaintiff appeared on the date of distribution, and raised an objection against the total amount of distribution to the Defendant, and filed a lawsuit of demurrer against distribution on June 26, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 8, the purport of the whole pleadings

2. The plaintiff asserts that the auction court paid KRW 15,00,000 to the defendant on the ground that the defendant is the tenant of the building of this case who is the top priority tenant of the building of this case, but the defendant concluded a false lease contract in collusion with G, the representative director of the non-party company of this case, and thus, the defendant asserts that the amount of KRW 15,00,000 to the defendant should be deleted and distributed to the plaintiff.

On the other hand, the defendant asserts that he is a lessee residing in the building of this case after entering into a lease agreement with the non-party company to pay the unpaid electricity charges of the non-party company instead of the deposit money for lease.

3. Determination

A. According to the evidence evidence No. 3, it is recognized that the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the representative director G of the Nonparty Company on March 12, 2018, with respect to the building of this case, including the lessee, the lessor, the non-party company, the lease deposit amount of KRW 25,00,000, and the lease term of KRW 25,000 from March 12, 2018 to March 11, 2020.

(b) However, entry of Gap evidence Nos. 2, 3, 5, 6, 7, and Eul evidence No. 1, and this Court.