1. The part of the instant lawsuit exceeding 6,000,000 won shall be dismissed.

2.The District Court C, .

1. Facts of recognition;

A. An agricultural cooperative, a holder of superficies over the real estate listed in the separate sheet attached to F (hereinafter “instant real estate”) filed an application for voluntary auction of the instant real estate with the competent governmental district court on June 5, 2015, and the said court rendered a decision on voluntary auction (hereinafter “instant auction”) on June 5, 2015.

B. In the auction procedure of this case on July 9, 2015, the Plaintiff demanded 50,000,000 won including 40,000,000 won for the lease deposit with the fixed date (hereinafter “fixed date lease deposit”). The said court held the Defendant’s (small lessee) in the order of 159,087,126 won, 123,540,000 won for the total amount to be distributed on the date of distribution, 383,027, 4,111,580 won for the amount to be actually distributed on the date of distribution, and 159,087, 126 won for the Agricultural Cooperative (creditor-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-lease-lease-lease-lease-lease-lease-based 1,000,30100 won for the fixed date.

[Reasons for Recognition] Facts, non-contentious facts, Gap evidence 1, 6, 7, Eul evidence 1 and the purport of the whole pleadings

2. Determination prior to the merits

A. The Defendant asserted that there was no benefit to seek the instant lawsuit since the Plaintiff received the entire amount of the Plaintiff’s claim during the auction procedure of the instant case, and thus, the Plaintiff demanded the instant auction procedure to pay KRW 50,000,000 including the fixed date lease deposit, and the distribution schedule was formulated only for KRW 40,000,000,000, including the fixed date lease deposit.