1. A distribution schedule prepared by the said court on September 19, 2014 with respect to the Suwon District Court C and D (combined) compulsory auction cases of real estate.

1. Basic facts

A. In order to secure loan claims against E, KRW 375 million, the Plaintiff completed the registration of creation of a mortgage near the maximum debt amount of KRW 375 million with respect to the real estate indicated in the separate sheet owned by E (hereinafter “instant real estate”).

(hereinafter “instant collateral security”). B.

After that, creditors F applied for a compulsory auction of the instant real estate as Suwon District Court C and D (combined) with respect to the instant real estate, and received a voluntary decision to commence the auction from the above court on January 22, 2013.

(hereinafter “instant auction procedure”). C.

During the auction procedure of this case, the defendant claimed that himself is a lessee who has paid the deposit of KRW 65 million to the court of execution as to one column among the 502 rooms of the real estate of this case from E, and filed a report on the right and demand for distribution.

In distributing KRW 1,545,665,73 of the amount to be actually distributed on the date of distribution implemented on September 19, 2014, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes KRW 22,00,00 to the Defendant who applied for a demand for distribution as a small lessee, and KRW 264,821,90,00 to the Plaintiff, a mortgagee, in the order of five priority.

E. Accordingly, on the aforementioned date of distribution, the Plaintiff raised an objection to the entire amount of distribution to the Defendant, and thereafter filed the instant lawsuit on September 23, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 to 13, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is not the most lessee who entered into a false rental agreement on the instant real estate in collusion with E in order to receive a small-sum lease deposit under the Housing Lease Protection Act, or the lessee who is entitled to receive protection under the Housing Lease Protection Act. Thus, it is unlawful for the court of execution to regard the defendant as a small-sum lessee and distribute 22 million won to the defendant.