1. On December 1, 2015, it was drawn up by the above court with respect to the auction case of real estate B in Gyeyang-gu District Court Goyang-dong District Court.

1. Basic facts

A. On March 20, 2015, the Plaintiff entered into a lease agreement with C, setting the deposit amount of KRW 20,000,000, monthly rent of KRW 400,000, monthly rent of KRW 400,000, and the lease period of KRW 400,000, and the lease period from March 31, 2015 to March 30, 2017 (hereinafter “instant lease agreement”). On April 7, 2015, the Plaintiff filed a move-in report on the resident registration of the said real estate and received the same fixed date on the same day.

B. On December 26, 2012, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) entered into a credit card membership agreement with Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”). On June 20, 2014, the Defendant entered into a credit transaction agreement with Nonparty Co., Ltd. (hereinafter “Nonindicted Company”) with Nonparty Co., Ltd., and C agreed to jointly pay each of the above obligations of Nonparty Co., Ltd.

C. On May 14, 2008, the instant real estate in progress with the auction procedure had been completed with the right to collateral security amounting to KRW 275,000,000, the amount of the maximum debt.

The mortgagee filed an application for the commencement of a voluntary auction on the instant real estate with the Ji Government District Court Goyang Branch B, and on June 1, 2015, the auction procedure was conducted after receiving the decision.

At the time, the registration of each provisional seizure was completed with the new card company, the Industrial Bank of Korea, and the defendant as the creditor, and the plaintiff filed a demand for distribution and a report on the right as the lessee in the above procedure.

On December 1, 2015, the above court prepared a distribution schedule to the effect that the creditors distribute each amount of dividends to the creditors (hereinafter “instant distribution schedule”) by allocating dividends of KRW 5,676,304, excluding the Plaintiff from dividends.

Accordingly, the plaintiff appeared on the date of distribution and raised an objection against KRW 4,997,925 out of the amount of dividend of the defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence 7, 11, 12, and 13.