1. It shall be prepared by the same court with respect to the compulsory auction of real estate B or C (Dual) in Incheon District Court on December 30, 2014.

1. Basic facts

A. On March 19, 2013, in order to secure the claim against Nonparty D, the Plaintiff completed the registration of creation of a neighboring mortgage with the debtor as to the second floor Nos. 204 (F; hereinafter “instant real estate”) of Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, with the maximum debt amount KRW 21.5 million.

B. In the auction procedure entered in the text of the instant real estate, the Defendant asserted that the instant real estate is a small lessee under Article 8 of the Housing Lease Protection Act, and filed a report on the right and demand for distribution with the court of execution. On December 30, 2014, the court of execution prepared and presented a distribution schedule (hereinafter “instant distribution schedule”) with the Defendant, who is a small lessee on the date of distribution, in the order of priority 153,860,227 won, and the Plaintiff, a mortgagee, in the order of priority 153,860,227 won, stated an objection against the total dividend against the Defendant.

【Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, 5, and 6, the purport of the whole pleadings】

2. The assertion and judgment

A. The plaintiff's assertion is merely the most lessee who entered into a false real estate lease contract with D, and the defendant recognizes the defendant as a small lessee and distributes the dividend of KRW 22 million, the defendant sought a correction as to the instant dividend table.

B. According to the evidence indicated earlier, the Defendant’s lease agreement was concluded from September 27, 2013 to the effect that the Defendant leased the instant real estate by setting the lease deposit amount of KRW 25 million between D and the Defendant, KRW 5 million per month, and the lease period from September 27, 2013 to September 26, 2015. The Defendant made a move-in report on the instant real estate on September 27, 2013 and obtained a fixed date on October 4, 2013, and thus, the Defendant appears to have the appearance of the instant real estate lessee.

On the other hand, however, the evidence mentioned above and the evidence set forth in Gap evidence 7 to 9, the Gyeyang Credit Union of this Court, and the corporation.