2. As to the auction of real estate in Incheon District Court D and E (Dual).

A. On September 28, 2007, our bank completed the registration of the establishment of a mortgage on KRW 440 million and damages for delay against C (hereinafter “the instant claim”) with respect to the Yeonsu-gu Incheon Apartment No. 217-dong No. 902, Yeonsu-gu, Incheon (hereinafter “the instant building”) owned by C as collateral for the claim for KRW 440 million and damages for delay (hereinafter “the instant claim”).

Around January 2013, the Defendant acquired the instant claim from the Bank of Korea.

B. On June 4, 2012, the Plaintiff entered into a contract with C to lease the instant building with a deposit of KRW 23 million (hereinafter “instant contract”) and paid a down payment of KRW 2 million, and received a fixed date in the lease contract after filing a move-in report on June 7, 2012.

On June 15, 2012, the Plaintiff paid a balance of KRW 21 million.

C. On September 4, 2012, the Incheon District Court D on the instant building rendered a voluntary decision to commence the auction, and on September 17, 2012, the said court rendered a voluntary decision to commence the auction. D.

The Plaintiff, as a small lessee at the above auction procedure, demanded a distribution of the deposit of KRW 12 million, but the above court, on August 1, 2013, prepared a distribution schedule that distributes the amount of KRW 46,919,809 to the Defendant and KRW 0,000 to the Plaintiff (hereinafter “instant distribution schedule”). The Plaintiff raised an objection against KRW 12 million out of the amount of dividends to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 8, Eul evidence 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion is a genuine lessee who completed a move-in report by leasing the instant building from C, the owner of which is KRW 23 million, and actually resided after receiving the fixed date, and thus, the Plaintiff shall be entitled to the payment of KRW 12 million as a small lessee prior to the Defendant.

Therefore, the amount of dividends against the Defendant out of the instant distribution schedule is KRW 446,919,809, and KRW 434,919,809.