A. On December 30, 2005, the Plaintiff completed the registration of the establishment of a neighboring apartment that was owned by Nonparty D, E, 805 Dong 704 (hereinafter “the apartment of this case”), with respect to the establishment of a mortgage on December 30, 2005, the maximum debt amount of which is KRW 120,000,000, the debtor D, and the plaintiff as the mortgagee, the maximum debt amount of which is KRW 36,00,000,000, the debtor D and the plaintiff as the mortgagee, the establishment of a mortgage on November 8, 2006, the establishment of a neighboring apartment that was owned by the debtor D and the plaintiff as the mortgagee, the maximum debt amount of KRW 108,60,000,000, the debtor D and the plaintiff as the mortgagee.

B. On July 16, 2014, the Plaintiff filed an application for voluntary auction with the Goyang Branch F for the establishment registration of the establishment of each of the above neighboring areas. Of the amount actually distributed on March 2, 2015, the said court drafted a distribution schedule with the purport of distributing KRW 12,00,000 for the Defendants among the amount actually distributed to the Defendants in the first order (small-sum lessee), KRW 565,120 for the Si of Pakistan (the pertinent tax) and KRW 190,827,76 for the Plaintiff (the applicant creditor) (the mortgagee) (hereinafter “instant distribution schedule”).

【Ground for recognition】 The fact that there has been no dispute, Gap 1 through 3, and 14, the purport of the whole pleadings and arguments

2. Determination

A. The summary of the Plaintiff’s assertion is that the Defendants did not reside in the apartment of this case, and the payment of deposit is doubtful lessee.

B. Determination as to the cause of the claim 1) In full view of the overall purport of the pleadings as to the entries in Gap's 1, 4, 5, 7, 9, 10, 12, 18, 19 (including household numbers), Eul's 1 through 4, and Eul's 1 through 4, as a whole, Defendant A decided to lease one of the apartment units of this case (three bank units) between D and D on May 30, 2014 to the end of June 11, 2016; Defendant B concluded the lease agreement with D on June 13, 2014 to the end of KRW 15,00,000,000 for one of the apartment units of this case (three bank units) and the end of June 13, 2014 to the end of June 13, 2014; Defendant B decided to lease the apartment units of this case to the end of 130,000,01.