A. On June 26, 2012, the Plaintiff concluded a lease agreement with C and Dobong-gu Seoul Metropolitan Government 103 Dong 1506 (hereinafter “instant apartment”) with respect to the lease deposit of KRW 29,00,000,000, and the lease period of KRW 3,000,000 on July 20, 2012 to July 19, 2014, the Plaintiff agreed to pay the remainder of KRW 26,00,000 on the following day and the remainder of KRW 26,00,000 on July 20, 2012.

On June 27, 2012, the Plaintiff paid 3,000,000 won as down payment to C.

B. On July 20, 2012, the Plaintiff completed the move-in report after obtaining a fixed date from the above lease agreement.

C. Meanwhile, as to the instant apartment, the Defendant Dold Bank (hereinafter “Defendant Bank”) completed the registration of the establishment of a neighboring mortgage of KRW 202,80,000 with respect to the instant apartment on February 21, 201, and the Defendant Hyundai Savings Bank (hereinafter “Defendant Savings Bank”) completed the registration of the establishment of a neighboring mortgage of KRW 78,00,000 with respect to the maximum debt amount on June 15, 2012.

However, as C did not pay the debt of the loan, the Defendant Bank applied for a voluntary auction on the apartment of this case, and the decision of voluntary auction was rendered on August 27, 2012 by Seoul Northern District Court B on the apartment of this case.

E. On May 28, 2013, when distributing the amount of KRW 212,895,448, which is the date of distribution, the said court set up a distribution schedule with the content that distributes the amount of KRW 25,00,000 to the Defendant Savings Bank in the order of 190,529,353, and 22,36,095 to each of the Defendant Savings Bank (hereinafter “instant distribution schedule”), excluding the Plaintiff who reported the right of KRW 25,00,00 as a small lessee and demanded the distribution as a small lessee.

F. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the total amount of dividends of the Defendant Savings Bank and the amount of KRW 2,633,905 out of the amount of dividends of the Defendant Bank, and thereafter filed a lawsuit of demurrer against distribution on May 31, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 8, 10, Eul evidence Nos. 3 and the purport of the whole pleadings.