1. Of the distribution schedule prepared by the said court on July 1, 2015 in the Busan District Court B’s auction of real estate, the Defendant.

1. Facts of recognition;

A. The Plaintiff is a mortgagee of the second-story housing with the Busan Jin-gu 204m2 (hereinafter “instant housing”) on the ground of Busan Jin-gu C.

On December 11, 2013, the plaintiff applied for a voluntary auction of the above real estate as Busan District Court B, and thereafter the auction procedure was conducted.

B. On February 18, 2014, the Defendant, who was the owner of the instant real estate, filed a report on the right and a written demand for distribution with the court of execution by asserting that he leased two partitions from the deceased among the second floor of the instant real estate.

According to the lease contract submitted by the Defendant, the date of conclusion of the lease contract is November 2, 2012. The lease deposit is KRW 12,00,000, monthly rent is KRW 300,000, and the lease term is from November 7, 2012.

C. The Defendant completed the move-in report on the said house on July 15, 2010, prior to the commencement of auction, and obtained a fixed date in the said lease agreement on November 26, 2012.

As a result of the auction, the court of execution prepared the distribution schedule of July 1, 2015 (hereinafter referred to as the "distribution schedule of this case") with the following order: 12,00,000 won to the defendant (small-sum lessee) and 96,039,887 won, and 31,031,403 won to the plaintiff (small-term mortgagee) in the second order, among the 142,716,020 won to be distributed, 139,071,290 won, excluding expenses for execution, etc.

E. On the date of the above distribution, the Plaintiff filed the instant lawsuit after stating an objection to the whole amount of the Defendant’s dividends.

[Ground of recognition] Unsatisfy, entry of Gap 1, 2, and 5 evidence, the purport of the whole pleadings

2. The parties' assertion

A. Examining the part of the Plaintiff’s assertion that the Defendant occupied, or a series of circumstances, such as family relations, the Defendant appears to have never actually resided as the most lessee, and even if having resided, the Defendant paid the lease deposit to the Deceased.