2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

A. Regarding D’s Suwon-si E apartment 205, 904 (hereinafter “instant apartment”), the Plaintiff completed the registration of creation of a neighboring mortgage on November 8, 2007, the maximum debt amount of which is KRW 715,00,000, and the debtor’s D’s establishment of a mortgage on the following grounds: (a) on May 17, 201, the Defendant acquired the right to collateral security from the said KK-si Mutual Savings Bank to transfer the right to collateral security on the same year.

6.10. Completion of supplementary registration of the right to collateral security transfer made on the ground of the transfer of confirmed claim.

B. On June 28, 2011, the Defendant filed an application for voluntary auction with the Suwon District Court F for the instant apartment on June 28, 201, and on the 29th day of the same month, the auction procedure was initiated upon the voluntary decision to commence

(hereinafter “instant auction procedure”). C.

In the instant auction procedure, the Plaintiffs asserted that they are respective small-sum tenants, and filed an application for a report on rights and a demand for distribution. On February 22, 2012, the said court excluded the Plaintiffs from the distribution of dividends, and distributed KRW 1,494,50, and KRW 351,365,695 to the Defendant, who is the right holder of the pertinent tax, who is the right to deliver the pertinent tax, and the Plaintiffs did not object to the distribution.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5-1, 2, Eul evidence 12, 13, and 20, and the purport of the whole pleadings

2. Judgment on the parties' arguments

A. On June 2010, prior to the instant auction procedure, the Plaintiffs concluded a lease agreement with D, respectively, with the owner of the instant apartment as the object of lease, setting the deposit amount of KRW 12 million.

The plaintiffs are small tenants under Article 8 of the Housing Lease Protection Act, since they reside in the apartment of this case after all of the above lease deposit was paid and the move-in report was completed.

Nevertheless, the Plaintiffs’ claim to return the leased deposit was excluded from the distribution of the instant auction procedure. Accordingly, the Defendant is entitled to the said deposit.