A. On August 11, 2011, Plaintiff A filed for registration of the establishment of a right to collateral security (hereinafter “instant real estate”) with respect to the real estate indicated in the separate sheet owned by L (hereinafter “instant real estate”) under Article 125128 of the Suwon District Court’s receipt of the registration office, with regard to the obligor L, the maximum debt amount of which is KRW 750,000,000.

B. On August 11, 2011, M completed the registration of establishment of the right to collateral security (150,000 won out of the secured debt of the said right to collateral security (hereinafter “N”), under Article 125128 of the Suwon District Court’s receipt of the Suwon District Court’s Sungsung registry, M transferred to N on August 19, 201 the right to collateral security (150,000,000 won out of the secured debt of the said right to collateral security (hereinafter “the right to collateral security”) and completed the registration of partial transfer of the right to collateral security (hereinafter “N”), and the Plaintiff B obtained by inheritance of N’s right to collateral security (hereinafter “the right to collateral security”).

C. The Plaintiffs, based on their own right to collateral security, applied for the commencement of voluntary auction procedure with respect to the instant real estate, filed an application with the Suwon District Court K andO (Dual). According to the order to commence voluntary auction procedure of the said court, the discretionary auction procedure of the instant real estate (hereinafter “instant auction procedure”).

The Defendants asserted that they are small tenants of the instant real estate in the instant auction procedure, and filed a report on rights and a request for distribution.

E. On May 16, 2016, a court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that, on the date of distribution of the instant auction procedure, KRW 14,00,00 for the Defendants, KRW 353,357,452 for the Plaintiff A, a mortgagee, and KRW 70,671,491 for the distribution of KRW 70,671 to Plaintiff B.

Accordingly, the Plaintiffs appeared on the date of distribution and raised an objection against the total amount of the dividend amount of the Defendants.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 7 (including each number, if any) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) Whether the Defendants C, D, E, F, G, I, and J are the most lessee.