A. On February 4, 2016, the Korea Credit Guarantee Fund, a creditor of E, applied for a compulsory auction of real estate for the F-si land, its ground buildings (hereinafter “instant building,” and G land owned by E”) and for a compulsory auction of real estate for the said real estate by the Busan District Court Branch C, which was rendered on February 5, 2016. On April 22, 2016, the Plaintiff, a collateral security right to the said real estate, filed an application for a compulsory auction of real estate with the same court D on April 25, 2016, and rendered a decision to commence the auction of real estate on April 25, 2016.

(hereinafter referred to as "instant auction procedure") a compulsory auction and a discretionary auction procedure

B. In the instant auction procedure, the Defendants filed a report on rights and demand for distribution as indicated in the following table on April 18, 2016.

On October 29, 2013, the date when the possession commences on October 16, 2013, the date when the occupancy is registered as of October 29, 2013; on October 29, 2013, Defendant A, including the deposit money/monthly lease contract date, etc.; on April 20, 2015, the date when the occupancy was partially used for the second floor of the building in this case; on October 20, 2015, the date when the occupancy was occupied as of April 20, 2015, the date when the occupancy was occupied as of April 20, 2015 without a fixed date on April 20, 2015, the date when the occupancy was occupied as of December 20, 2015, there was no resident registration date transferred as of May 12, 2015.

C. On February 16, 2017, the auction court, as the lessee of the first floor of the building of this case, distributed KRW 3,000,000 to Defendant A as the lessee of the second floor of the building of this case under the Commercial Building Lease Protection Act, and KRW 20,00,000 to Defendant B as the lessee of the second floor of the building of this case, and KRW 10,000,000 to Defendant B as the lessee of the second floor of the building of this case under the Housing Lease Protection Act, respectively, in the position of small lessee under the Housing Lease Protection Act, and set up a distribution schedule to distribute the amount of KRW 40,927,350 to the Plaintiff as the mortgagee of the second floor of this case.