1. The Seoul Southern District Court C’s distribution schedule prepared on September 18, 2015 with respect to the case of the voluntary auction of real estate.

1. Basic facts

A. On August 11, 2009, the Plaintiff leased the Gangseo-gu Seoul Metropolitan Government D Apartment 1102 (hereinafter “instant real estate”) owned by the Defendant for a fixed term of KRW 130 million and the lease period of KRW 20 million. On October 5, 2011, the Plaintiff entered into a contract to renew the said lease with the content that the Defendant and the deposit should be increased to KRW 160 million and the lease period should be extended to October 5, 201.

B. On October 6, 2014, on the instant real estate, the registration of a housing lease was completed in the name of the Plaintiff with a deposit of KRW 160 million for lease on October 6, 2014.

C. Upon the process of the instant auction case regarding the instant real estate, the Plaintiff filed a report on the right to claim the return of the lease deposit of this case and made a demand for distribution. On September 18, 2015, the date of distribution, 240,110,000 won of the purchase price of September 18, 2015, the distribution schedule of this case was prepared to distribute the amount of KRW 130,000,000 to the Plaintiff, who is the lessee, and to the Defendant, the debtor and the owner, the amount of KRW 16,963,992.

On the date of distribution, the Plaintiff filed a lawsuit of demurrer against the distribution against the Defendant on September 23, 2015, which was prior to expiry of one week from the date of distribution.

【Ground for Recognition: Unsatisfy, Entry of Evidence A, 5, 6, 9, and the purport of the whole pleadings】

2. The parties' assertion

A. The Plaintiff’s assertion 1) As to the unpaid lease deposit, the Plaintiff: (a) received a refund of KRW 30 million out of KRW 160,000,000,000 for the instant lease deposit; (b) agreed that the Defendant and the Defendant shall substitute for the payment of compensation for damages due to delay in the repayment of the deposit. Therefore, the unpaid lease deposit is KRW 140,000,000; (b) the Defendant, claiming damages, agreed to compensate the Plaintiff for damages due to delay in the repayment of the instant lease deposit; and (c) the Plaintiff sustained damages of KRW 11,356,81 due to the Defendant’s delay in the repayment of the deposit.

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