1. The above court prepared July 9, 2016 with respect to the case of application for the auction of the real estate B in Gyeyang-gu District Court Goyang-gu.

1. Basic facts

A. On September 16, 2014, the Plaintiff completed the registration of creation of a neighboring mortgage with regard to the obligor, C, the maximum debt amount, 292,50,000 won, as to D apartment units Nos. 703, 1304 (hereinafter “instant real estate”) owned by the Dong, Seocho-gu, Busan Metropolitan City (hereinafter “the instant real estate”).

B. C, on June 16, 2015, lost the benefit of time due to the delay in payment of the above loan interest, and on November 4, 2015, on the instant real estate, the registration of the decision to commence auction was completed on November 4, 2015 upon the Plaintiff’s application for voluntary auction.

C. On January 26, 2016, the date prior to the completion period to demand a distribution, the Defendant submitted to the executing court a report on the right and a written application for demand for distribution on the grounds that he is the lessee of the entire real estate of this case.

As the instant real estate was sold to a third party on June 10, 2016, the court of execution prepared a distribution schedule with the content that distributes the amount of KRW 25,200,000 to the defendant (small lessee) on the date of distribution commenced on July 19, 2016, and KRW 417,150 to the defendant (small lessee) in order of second priority to the defendant, and the amount of KRW 260,559,457 to the plaintiff (small lessee) in order of second priority to the defendant (right holder of delivery), and the amount of KRW 260,59,457 to the plaintiff.

E. On the date of the above distribution, the Plaintiff raised an objection against the distribution portion of the Defendant, and on July 25, 2016, filed a lawsuit of demurrer against the distribution of the instant case, and on the same day, submitted the evidence of lawsuit to the executing court.

【Fact-finding without dispute over the basis of recognition, entry of Gap evidence 1 through 5, and 7, obvious facts in this court, the purport of the whole pleadings

2. The plaintiff may seek additional dividends of 15,716,607 won (i.e., the amount of the plaintiff's claim 276,276,064 - the amount of actual dividends - the amount of the defendant's dividends of 260,559,457) within the scope of the defendant's dividends paid by the defendant on the ground that the defendant is the most tenant (25,200,000 won) and the amount of the plaintiff's dividends. The plaintiff is asserting that the defendant is the genuine tenant.

3. Sheet Sheet Nos. 2 and 7 shall be written and written.