1. Of the distribution schedule prepared on September 3, 2014 with respect to voluntary auction cases of real estate B by Goyang-gu District Court Goyang-gu District Court, the distribution schedule is the same.

1. Facts of recognition;

A. The Plaintiff entered into a lease agreement with Nonparty C during the period from October 31, 2013 to October 30, 2015, the deposit amount of which was KRW 28,000,000, and the lease period of which was 20,000,000 with respect to the Goyang-gu D apartment 202 Dong 104 (hereinafter “instant real estate”).

(hereinafter “instant lease agreement”). On October 31, 2013, the Plaintiff obtained a fixed date in the said lease agreement and made a move-in report on the said real estate on the same day.

B. As to the instant real estate in progress with the auction procedure, the Defendant, on October 12, 2009, set the right to collateral security (the maximum debt amount) which was KRW 383,500,000, was established. However, upon the Defendant’s application for voluntary auction, the auction procedure commenced on November 21, 2013.

On the other hand, the Plaintiff filed a report on rights and filed an application for demand for distribution as a lessee.

C. In the above auction procedure to prepare a distribution schedule, on September 3, 2014, the court: (a) excluded the Plaintiff from the distribution of dividends; and (b) prepared a distribution schedule with the content that distributes the remainder of KRW 238,662,525 to the Defendant, who is the mortgagee.

(hereinafter “instant distribution schedule”). The Plaintiff appeared on the date of distribution, and raised an objection against KRW 20,000,000 among the Defendant’s dividends.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 9, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff asserts that the plaintiff is a genuine tenant who is entitled to enter into a lease agreement with the non-party C on the instant real estate and to be protected under the Housing Lease Protection Act that has paid the deposit, and thus, the plaintiff should pay to the plaintiff 20,000,000 won equivalent to the deposit amount recognized as the priority repayment pursuant to the Housing Lease Protection Act out of the amount of dividends to the defendant in the instant distribution schedule.

In this regard, the defendant has entered into a lease contract for the real estate of this case in order to receive a small amount of lease deposit.