A. On April 16, 1986, the Plaintiff completed registration of initial ownership of the E-ground neighborhood living facilities and housing in Ulsan-gu, Ulsan-gu (hereinafter “instant building”).

B. On May 28, 1994, Defendant C completed the registration of the establishment of a mortgage on the instant building and its site, which is “the maximum amount of claims KRW 70 million, the debtor, the plaintiff and the defendant C, the mortgagee of the right to collateral security.”

(hereinafter referred to as the registration of the instant collateral security) C.

On July 2013, Defendant C applied for an auction of real estate on the instant building, etc. based on the registration of the instant collateral security, and the auction was commenced upon the said application.

(Ulsan District Court D; hereinafter referred to as the auction of this case).

Defendant B asserted that he is a lessee of the instant building, and submitted a written demand for distribution, which is “10 million won of lease deposit,” prior to the period for demanding the distribution of the instant auction.

E. On March 20, 2014, the instant auction court drafted a distribution schedule to the Defendant B, recognizing the status of the lessee of small amount on the date of distribution, to distribute KRW 10 million to the Defendant B, and to distribute to Defendant C the maximum debt amount of the instant collateral registration KRW 70 million.

(F) The Plaintiff appeared in the position of the debtor on the date of the above distribution, and raised an objection against the entire amount distributed to the Defendants, and filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Gap evidence 7-1, Eul evidence 7-2, the purport of the whole pleadings

2. As to the claim against the defendant B

A. The Plaintiff’s major assertion (1) (A) on 1997, Defendant B accepted restaurant business on the first floor of the instant building operated by the Plaintiff’s wife and leased the said first floor, and paid 25 million won premium, etc., and 10 million won of the lease deposit. However, without paying the premium, etc., Defendant B did not pay five million won of the lease deposit.

(B) Defendant B has a security deposit for the first floor of the instant building around 2000.