A. In the case of voluntary auction of real estate in the Cheongju District Court D's D's D's D's real estate G of Jincheon-gun, Jincheon-gun, and the owner E (hereinafter "the instant building"), the court, upon the Plaintiff's application, distributed KRW 3,000,000 to the Defendant, who is a small lessee, and KRW 22,919,158 to the Plaintiff, the mortgagee, respectively, in the order of first priority as to the amount to be actually distributed on June 20, 2018.

B. On the date of distribution, the Plaintiff, a creditor, appeared to raise an objection to the whole amount of dividends to the Defendant, and the Plaintiff filed the instant lawsuit on June 26, 2018.

[Grounds for recognition] Each entry of Gap evidence 1 to 3 (including all branch numbers), and the purport of the whole pleadings

2. Assertion and determination

A. On June 11, 2013, the Plaintiff’s summary of the Plaintiff’s assertion demanded distribution upon reporting the right to lease the instant building from E to the lease deposit amounting to KRW 3,000,000, KRW 200,000 per month, and the period from June 1, 2013 to May 31, 2014. In fact, the Defendant completed the move-in report on the instant building on June 11, 2013, and was issued a fixed date on November 17, 2017. However, as a result of the investigation on the current status of the said auction auction case, it is unclear whether the goods were occupied or leased by the Defendant, considering that they were being used as an employee’s accommodation from H, and there is no other evidence to deem that the Defendant paid the lease deposit to the lessor, and even if so, it was paid the lease deposit.

This seems to have been fully deducted from the overdue rent.

Therefore, the amount of dividends to the defendant should be deleted from KRW 3,00,000, and as such, the plaintiff should be additionally distributed to the plaintiff.

B. The Defendant’s summary of the Defendant’s assertion, like the content of the instant report, actually resided in the instant building from June 11, 2013 after leasing the instant building from E, and the lessor is monthly.