1. With respect to voluntary auction cases of real estate I by the Seoul Southern District Court, the distribution schedule prepared on February 12, 2014, which is the cause of the above law.

1. Basic facts

A. From September 2006, C entered into a contract with D and 1215 Dong1201, Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant apartment”) on the lease of KRW 150 million for the lease deposit, and completed the registration of the establishment of chonsegwon (hereinafter “right to lease on a deposit basis”) with the content of KRW 150 million for the instant apartment on May 7, 2007 as to the lease of KRW 150 million and its duration from September 25, 2006 to August 30, 2008.

B. On October 18, 2007, the Plaintiff completed the registration of the establishment of a neighboring apartment with the maximum debt amount of KRW 500 million.

C. On June 7, 2013, upon the application of the Industrial Bank of Korea, which was the right to collateral security, the auction procedure of the instant apartment was commenced to B at the Seoul Southern District Court. On August 28, 2013, the Defendant completed the additional registration of C’s transfer of the right to lease on a deposit basis on the ground of transfer on September 22, 2008 regarding the instant apartment.

As a result of the auction procedure, the apartment of this case was sold to J on January 6, 2014 and the registration of ownership transfer was completed in its name.

E. On February 12, 2014, the auction court prepared a distribution schedule with the content that the Defendant, the assignee of the right to lease on a deposit basis of this case, distributes KRW 150 million to the Plaintiff, who is a junior mortgagee, and the Plaintiff, who is a junior mortgagee, in the second order of the amount to be actually distributed after deducting the auction expense. The Plaintiff appeared on the aforementioned distribution date, raised an objection against the total amount of dividends to the Defendant, and filed the instant lawsuit on February 14, 2014, which was within one week thereafter.

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

2. Assertion and determination

A. The right to lease on a deposit basis under the Civil Act, which completed the registration of the establishment of a right to lease on a deposit basis of the relevant legal doctrine, is not concurrently of the nature of the right to lease on a deposit basis and of the nature of the right to lease on a deposit basis.