A. On July 29, 2013, the Industrial Bank of Korea filed an application for voluntary auction with the Incheon District Court B regarding D apartment Nos. 102, 305, Yeonsu-gu, Incheon (the instant apartment) owned by C.

In the above auction procedure on April 23, 2014, the distribution schedule was prepared to distribute the amount of KRW 55,449,935 to the Defendant, who is the mortgagee, and KRW 0 to the Plaintiff.

B. On the same day, the Plaintiff stated an objection against KRW 16,500,000 out of the Defendant’s dividend amount.

[Ground of recognition] Facts without dispute, Gap-5, 6 evidence, purport of the whole pleadings

2. The assertion and judgment

A. Comprehensively taking account of the overall purport of the pleadings in each of the evidence Nos. 1 through 10 (including each number), the fact that the Plaintiff entered into a lease agreement with C on February 25, 2013 with respect to the instant apartment as KRW 20,000,000, monthly rent of KRW 500,000, and the Plaintiff paid KRW 20,000 as lease deposit to C by March 6, 2013, and resided in the instant apartment after delivery of the instant apartment, the Plaintiff completed the resident registration with the fixed date of the lease agreement on March 13, 2013, and the Plaintiff did not pay KRW 3,50,000 in total to C.

B. According to the above facts, the Plaintiff is a genuine small lessee who leased the instant apartment. As such, in the above auction procedure, the amount of 5,449,935 won against the Defendant shall be 38,949,935 won among the dividend table prepared on April 23, 2014 by the above court, and the amount of 0 won against the Plaintiff shall be corrected to 16,50,000 won.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.