2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Savings Bank extended KRW 70 million to D on July 20, 2009, and set up a collateral security (hereinafter “instant collateral security”) of KRW 91 million with respect to the same maximum debt amount per day with respect to the E- [Road Name, Seoul Northern-gu, Seoul Northern-gu, Seoul, [hereinafter “instant building”)] 401 (hereinafter “instant building”). On December 24, 2014, on the ground of the transfer of the final claim, the Bank completed the additional registration of the transfer of the instant collateral security in sequence in the name of the Bank and the Plaintiff.

B. On October 30, 2014, upon the request of the Savings Bank for the voluntary auction commencement of the Savings Bank, a voluntary auction decision was made to the Seoul Northern District Court C with regard to the instant building on October 30, 2014 (hereinafter “instant auction procedure”), and the entry registration was completed.

C. In the instant auction procedure, the Defendant entered into a lease agreement with D on September 4, 2014, under which the deposit for lease was KRW 25 million with respect to the instant building, and filed a report on the move-in report and the lessee with the fixed date on September 15, 2014 and filed a demand for distribution.

On July 28, 2015, the auction court distributed dividends of KRW 20 million to the Defendant on the ground that the Plaintiff is a small lessee, and prepared a distribution schedule that distributes KRW 36,887,881 to the Plaintiff. The Plaintiff appeared on the aforementioned distribution date and raised an objection against KRW 15 million among the Defendant’s dividends, and filed a lawsuit of demurrer against the distribution on August 3, 2015, which was within seven days thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, 6, and 8, and purport of the whole pleadings

2. Determination as to the cause of action

A. In light of the market price and the maximum debt amount of the right to collateral security established by the Plaintiff’s assertion, the amount of seizure, the date the Defendant concluded a lease agreement, the starting point of auction on the building of this case, the actual deposit price, etc., the Defendant is to actually reside in the building of this case in order to receive dividends as a small lessee