1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On June 22, 2012, the Plaintiff completed the registration of the establishment of a mortgage on the E, Namyang-si, 290 square meters, F, 106 square meters, and each of the above above ground buildings (hereinafter “instant real estate,” and among them, the building was referred to as “instant building”) with respect to the registration of the establishment of a mortgage on the Namyang-gu District Court’s Seoul District Court’s Nam-gu Office of Registry of 2012, No. 65988, Jun. 22, 2012, the maximum debt amount of KRW 1.560,00,000 won

B. On May 22, 2013, the Plaintiff filed an application for a discretionary auction of real estate based on the foregoing right to collateral security and commenced an auction procedure regarding the instant real estate (hereinafter “instant auction procedure”).

C. On August 7, 2014, the auction court: (a) distributed the amount of KRW 1,194,402,264 to be actually distributed on the date of distribution of the instant auction procedure; and (b) drafted a distribution schedule with the contents indicated below.

[Attachment 1] 3,272,360 100% 100,000,000 of the fixed lessee 2 A 2, 3, 100% 1,00,000 1,000,000 of the fixed lessee 3, Defendant 3, 4 C 4, 100% of the fixed lessee 70,000,000 100% of the fixed lessee 4 C 4, 5 Plaintiff 5, Plaintiff 5, 971,129,904,64.78% of the fixed lessee 3, 1,000

D. The Plaintiff appeared on the aforementioned date of distribution, and stated an objection to the whole amount distributed by the Defendant, the co-defendant A, and C in the first instance trial, and filed the instant lawsuit on August 13, 2014, within seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 3, Gap evidence 3, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion is the most lessee of the building of this case, and since the defendant received the distribution in the auction procedure of this case even though he did not have the claim for refund of lease deposit, the amount of distribution to the defendant in the distribution schedule of this case shall be KRW 50,000,000, and the amount of distribution to the plaintiff shall be corrected from KRW 971,129,904 to KRW 1,021,129,904, respectively.

B. The burden of proof as to the grounds for objection against distribution in a lawsuit of demurrer against distribution is also the principle of distribution in general civil procedure.