1. A distribution table prepared by the said court on August 26, 2014 with respect to the auction case of real estate B in Daegu District Court Port Division B.

1. Basic facts

A. Article 102, 201, 102, 201 (hereinafter “instant real estate”) of the Northern-gu C Building at Port was owned by the network D.

B. As to the instant real estate, the Plaintiff completed the registration of the establishment of a neighboring mortgage amounting to KRW 100,000,000 with the maximum debt amount received on June 13, 2007, No. 49238, which was received on June 13, 2007.

C. On March 6, 2014, there was a decision to commence voluntary auction on the instant real estate upon the Plaintiff’s application ( Daegu District Court Branch B, hereinafter “instant auction procedure”), and the registration of the decision to commence voluntary auction was completed on the same day.

In the instant auction procedure, the said court distributed KRW 74,441,946 among KRW 140,638,196, which is to be actually distributed on August 26, 2014, to the Defendant, who is the lessee of the fixed date. The Plaintiff, who received a demand for distribution as a mortgagee of the instant real estate, prepared a distribution schedule stating that he/she would be excluded from the distribution of dividends (hereinafter “instant distribution schedule”).

E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the whole amount of the dividend to the Defendant, and filed a lawsuit of demurrer against the distribution on August 26, 2014.

[Reasons for Recognition] Unsatisfy, entry in the evidence Nos. 1 and 6 (including each number), the purport of the whole pleadings

2. The plaintiff asserts that the distribution schedule of this case should be revised by eliminating the distribution amount to the defendant and distributing it to the plaintiff, since the defendant is the so-called tenant with only the external appearance of the lease or fails to meet the requirements for opposing power and preferential repayment right stipulated in the Housing Lease Protection Act.

On the other hand, the defendant asserts that he is a legitimate tenant and satisfies the requirements for opposing power and preferential repayment right as provided by the Housing Lease Protection Act.

3. Determination

A. The burden of proof as to the grounds for objection against distribution in a lawsuit of demurrer against distribution is in accordance with the principle of distribution of the burden of proof in general civil procedure, and thus, the plaintiff is the defendant.