The Plaintiff filed an application for the auction of real estate rent with the court J of this Court on the basis of the right to collateral security on L and M NY L (hereinafter “instant loan”). The Defendants, the lessee of the instant loan, requested the aforementioned auction to pay dividends based on the lease deposit returned claim stated in the attached Table “Deposit” column in the relevant auction case.

On November 28, 2018, this Court made a distribution schedule (hereinafter “instant distribution schedule”) with the content that, as the top priority lessee, Defendant D and F, each of the KRW 15 million was distributed to the remaining Defendants, and that, as the second priority lessee, each of the KRW 15 million was distributed to the Plaintiff, who is the right to collateral security, and distributes KRW 1,349,060,553 to the Plaintiff (hereinafter “instant distribution schedule”).

On November 28, 2018, the Plaintiff appeared on the date of distribution, and raised an objection against each of the amount of KRW 4.5 million out of the amount of dividends of Defendant F, E, H, D, and I among the amount of dividends of the instant distribution schedule, as to each of the amount of KRW 3.1.5 million out of the amount of dividends of Defendant G, the Plaintiff stated an objection against each of the amount of KRW 6 million out of the amount of dividends of Defendant C.

[Reasons for Recognition] The Defendants’ determination as to the grounds for the claim of Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the entire pleadings, and the purport of the entire pleadings, may be acknowledged by taking into account the following facts: (a) there is no dispute between the parties; or (b) there is no dispute between the parties; and (c) evidence Nos. 1 and 2; and (d) evidence Nos. 1 and 1, as a whole, and the purport of the entire pleadings.

According to the above facts, since K must deduct the unpaid monthly rent from the lease deposit that it returns to the Defendants, the amount of dividends to the Defendants in the instant dividend table should be corrected as stated in the attached Table “amount of dividends after correction”, and the amount of 30,750,000 won equivalent to the total amount of the unpaid monthly rent should be distributed to the Plaintiff, who is a subordinate mortgagee, and thus, the amount of dividends to the Plaintiff should be distributed to the Plaintiff, who is a subordinate mortgagee.