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

A. On November 17, 2012, between C and C, the Plaintiff concluded a lease agreement with respect to F apartment 221 Dong 1506 (hereinafter “instant apartment”) in Seoul Special Metropolitan City, Nowon-gu and E (hereinafter “instant apartment”). From November 30, 2012 to November 29, 2014, the Plaintiff entered into a lease agreement with KRW 60,000,000,000 as deposit, KRW 10,000,000 for monthly rent.

B. The establishment registration of the Defendant’s neighboring mortgage by the Defendant was completed on October 28, 2010 on the maximum debt amount of KRW 2220 million. The instant apartment was sold to G on January 15, 2014 at the voluntary auction procedure (Seoul Northern District Court B) upon request from the Plaintiff, and the Plaintiff did not pay KRW 3.9 million monthly rent to C from the date of receipt of notification of the said voluntary auction around July 2013 to January 2014.

C. On February 25, 2014, the said auction court opened a date of distribution on a date of distribution and prepared a distribution schedule to distribute the amount of KRW 181,549,967 to the Defendant, who is the applicant creditor, as the lessee of small amount of KRW 6,100,00 (= KRW 3,90,000,000,000,000,000), among KRW 181,549,967.

On the date of the above distribution, the Plaintiff raised an objection against KRW 2,043,170 out of the Defendant’s above dividend amount, and filed a lawsuit of demurrer against distribution on February 28, 2014.

【Reasons for Recognition】

2. Judgment on the plaintiff's assertion

A. Of the Plaintiff’s claim small amount deposit, KRW 3.9 million in arrears was excluded from the dividend, but it is reasonable to exclude KRW 243,170 in the long-term repair appropriations, a lessor, from the dividend exclusion application.

The Plaintiff was notified by G, the successful bidder of the apartment of the instant apartment, and agreed to increase the rent to KRW 750,000 per month at the end of the assessment to KRW 750,000,000,000 for the remainder of the contract with C, and thus, the lessor is responsible for the remainder of the contract.

Therefore, the amount of the plaintiff's dividends under the distribution schedule should be increased to KRW 2,043,170 (=243,170,000), and the defendant's.