1. It was prepared on May 10, 201 by the same court with respect to the auction case of the real estate B located in Incheon District Court.

1. Basic facts

A. C Co., Ltd (hereinafter “Nonindicted Company”) concluded a credit guarantee agreement with the Plaintiff on March 24, 2014, and the network D (hereinafter “the deceased”) jointly and severally guaranteed the liability for reimbursement under the said guarantee agreement.

On October 3, 2014, the Deceased died. On November 28, 2014, Nonparty Company lost the benefit of time due to the occurrence of a credit guarantee accident caused by natural substances. Accordingly, on March 13, 2015, the Plaintiff fulfilled its surety obligation of KRW 43,252,936 at the Industrial Bank of Korea on March 13, 2015.

B. On February 4, 2016, the Plaintiff filed a claim for reimbursement against E and the deceased’s inheritors as Seoul Central District Court 2015dan5079815 and received the judgment in favor of the Plaintiff on February 4, 2016. The said judgment became final and conclusive on April 22, 2016.

C. As to the instant apartment No. 204, 204 (hereinafter “instant apartment”) owned by the deceased, the Industrial Bank of Korea applied for a voluntary auction of real estate (hereinafter “instant auction procedure”) to this court B around March, 2015.

The Defendant, the mother of the deceased, alleged that he leased the apartment of this case from the deceased in the instant auction procedure, and filed a report on the right and demand for distribution on May 10, 2016, the executing court distributed KRW 50,000 on the ground that the Defendant was the lessee with preferential right to payment. The Defendant, a collection right holder against the deceased’s heir (this court’s seizure and collection right of claim 2016TTT 31105), prepared a distribution schedule that distributes KRW 6,965,626 to the Plaintiff (hereinafter “instant distribution schedule”). The Plaintiff raised an objection against the total amount of dividends to the Defendant, and filed the instant lawsuit on May 13, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The summary of the plaintiff's assertion is the most lessee who entered into a false lease contract for the purpose of receiving a dividend in the auction procedure of this case, and the deceased and the defendant.