2. The costs of lawsuit shall be borne by the Plaintiff.

A. On February 8, 2013, the Plaintiff loaned KRW 120,000,00 to C, completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) of KRW 156,00,000 with respect to the instant real estate owned by C, and received a decision to voluntarily commence the auction on May 9, 2013 from the instant right to collateral security.

B. In the above auction procedure, among the amount of KRW 93,031,040, which is the date of distribution, to be actually distributed on August 26, 2014, the distribution schedule was prepared in the order of 1st order to the Defendant, who demanded the distribution of KRW 20,00,00 and KRW 72,750,540, which is the applicant creditor (beneficiary) in the order of 3rd order to the Plaintiff. The Plaintiff appeared on the said date of distribution and raised an objection against the said dividends, and filed a lawsuit of demurrer against the distribution on September 2, 2014, which is within one week thereafter.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 5, 7, 8, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. On the grounds of the claim, the Defendant is the most lessee who is unable to be protected under the Housing Lease Protection Act that entered into a lease agreement with respect to the instant real estate in order to receive a small lease deposit, even though he was aware that the registration of creation of a large amount of the instant real estate had already been completed, and thus, the instant distribution schedule, which recognized the Defendant as a small lessee, distributed KRW 20,000,000, should be revised as above, because it is unlawful.

In electively, C concluded the instant lease agreement with respect to the instant real estate in excess of its obligation, which constitutes a fraudulent act and thus ought to be revoked, and the said distribution schedule should be revised as above by way of restitution to its original state.

B. In a lawsuit of demurrer against distribution, the Plaintiff did not assert or prove the facts constituting the grounds for objection against distribution in a lawsuit of demurrer against distribution as to the most lessee.