A. The Plaintiff, on May 20, 200, lent a total of KRW 310,000,000 to D on May 20, 2009, the Plaintiff, as collateral, obtained the right to collateral security of KRW 403,00,000, total maximum debt amount with respect to the E apartment Nos. 503, 502 (hereinafter “instant apartment”).

B. 1) D does not fully repay the above loan when it comes to the auction procedure and set up a distribution schedule. The Plaintiff’s auction of real estate related to the apartment of this case (hereinafter “instant auction”) with the Suwon District Court Ansan-Support C.

(2) The Defendants asserted that they leased part of each apartment of this case (Defendant B: three rooms, Defendant A: one room), and filed a report on the right and demand for distribution as a small lessee in the auction procedure of this case.

3) In the instant auction procedure, the said court held that: (a) the Defendants, the lessee of small claims, were jointly apportioned KRW 14,00,000,00 among the amount to be actually distributed on December 4, 2013; and (b) the Defendants, the lessee of small claims, were apportioned KRW 280,117,214 to the Plaintiff, the mortgagee of small claims; and (c) the said court, in the third order, distributes KRW 280,117,214 to the Plaintiff,

【Preparation. 【No dispute over the grounds for recognition, entry in Gap evidence 1 to 8, the purport of the whole pleadings.】

2. Summary of parties' assertion on the issues of the instant case

A. Whether the Defendants received dividends by making it a genuine lessee, the key issue of the instant case, as the most lessee

B. 1) The Defendants are the genuine lessee who occupied and used the instant apartment after entering into a lease agreement with D and paying the lease deposit. As such, the Defendants are entitled to receive dividends as a small lessee.

3. Determination: Defendant B’s lease contract on each apartment of this case at the time of demand for distribution: KRW 30,000,000 for lease deposit, KRW 600,00 for monthly rent, lease term from May 31, 2012 to May 31, 2014; KRW 15,000,000 for lease deposit, and KRW 20,000 for rent, respectively.