A. D is the owner of each real estate indicated in the separate sheet (hereinafter “instant real estate”), and around December 9, 2003, D completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 100 million as to the instant real estate and the creditor as the Plaintiff (hereinafter “registration of creation of a neighboring mortgage of this case”).

B. On October 15, 2014, the former Real Estate Credit Union, another collateral security holder of the instant real estate, filed an application for the auction of the rent of real estate en bloc with respect to the instant real estate and the area of 105 square meters prior to the Dongdaemun-gu Seoul Special Metropolitan City E. Accordingly, on October 15, 2014, the decision to commence the auction was rendered to the former Special Metropolitan City

C. On October 6, 200, prior to the entry and registration of the above decision on commencing auction, the Defendant transferred the instant real estate to the instant real estate and obtained a fixed date on September 15, 2014, and participated in the said auction procedure and made a demand for distribution.

In the above auction procedure, the court of execution decided to distribute the amount of KRW 153,153,950 on July 29, 2015, the date of distribution to the actual amount of KRW 87,130 on July 29, 2015, and then prepared a distribution schedule to distribute the amount of KRW 87,130 on the Jeon-jin-gu, Seoul Special Metropolitan City, the holder of the right of delivery, KRW 90,629,546 to the Jeon-gu, the holder of the right of delivery, and KRW 520,010 to the Jeon-jin, the holder of the right of issuance, the vice governor of the National Health Insurance Corporation, the holder of the right of issuance, the third priority, KRW 12,00,00 to the defendant, the lessee of small amount of KRW 12,683,00,082, to the open Saemaul

E. On the date of distribution, the Plaintiff made a statement of objection against the Defendant’s dividend on the date of distribution, and filed a lawsuit of demurrer against distribution on August 4, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 8 and 9 (including branch numbers), and the purport of the whole pleadings

2. The purpose of Article 3(1) of the Housing Lease Protection Act is to ensure the safety of transaction, as well as the delivery of a house.