1. Of the distribution schedule prepared on September 4, 2014 by the said court with respect to the case of applying for a discretionary auction of real estate C in the Incheon District Court.

1. Basic facts

A. On January 28, 201, the Plaintiff loaned KRW 34,000,00 to D on January 28, 201, and completed the registration of the establishment of a neighboring mortgage of KRW 44,200,000 with respect to the Bupyeong-gu Incheon E underground floor (the instant house) owned by D (the instant house).

B. On May 2, 2011, D and net F concluded a lease agreement with regard to the instant housing as “22,00,000 won for lease deposit, and the term of lease from June 10, 2011 to June 9, 2013”.

C. On June 13, 201, the Deceased obtained a fixed date in the above lease agreement and completed the resident registration in the instant house.

On January 9, 2012, the deceased died on January 9, 2012 and Defendant A, his spouse, jointly inherited the deceased’s property.

E. The deceased’s resident registration was cancelled on May 14, 2012.

F. On January 10, 2014, the Plaintiff applied for a voluntary auction and rendered a voluntary decision to commence the auction on the instant real estate.

(G) The Defendants asserted as a small lessee and filed an application for a report on rights and a demand for distribution.

H. On September 4, 2014, the aforementioned court: (a) drafted a distribution schedule with the content that distributes KRW 13,248,885 to the Defendants, the deceased’s inheritor, and KRW 13,217,825 to the Plaintiff; and (b) the Plaintiff raised an objection against the entire amount of dividends by the Defendants.

A. The Defendants did not file a move-in report on the instant house.

[Ground of recognition] Facts without dispute, evidence A1 to 5, purport of whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion asserts that “the deceased or the Defendants did not reside in the instant house, and the deceased’s resident registration was cancelled after the deceased’s death, and the Defendants did not file a move-in report on the instant house, so the Defendants did not have any opposing power as a small lessee. Therefore, the Defendants asserted that the dividend amount of KRW 13,248,885 against the Defendants should be revised as KRW 0, and KRW 13,217,825 to the Plaintiff, as KRW 26,46,710, among the distribution schedule prepared by the above court.”