1. A distribution schedule prepared on July 10, 2014 by the said court with respect to the case of the voluntary auction of real estate B in Sung-nam Branch of Suwon District Court.

1. Basic facts

A. On October 7, 2013, the procedure of the auction for exercising the right of security was commenced on October 7, 2013 with respect to the building D 201 in Gwangju-si, which was owned by C upon the application of the Plaintiff, who is the mortgagee of the right to collateral security (hereinafter “instant building”).

B. In the above auction procedure, on July 10, 2014, the court of execution prepared a distribution schedule with the content that distributes KRW 19 million to the Defendant, a lessee of small amount of money, and KRW 77,211,773 in the order of priority to the Plaintiff (hereinafter “instant distribution schedule”).

C. The Plaintiff appeared on the date of distribution and raised an objection against the amount of distribution to the Defendant, and thereafter filed the instant lawsuit on July 17, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, Gap 1 and 10, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. (1) The plaintiff asserts to the purport that it is unreasonable for the executing court to distribute the amount to the defendant, since the plaintiff is the most lessee or a lessee who entered into a lease agreement to abuse the Housing Lease Protection Act even if not,

(2) As to this, the Defendant asserted to the effect that it is the genuine lessee who actually resided after concluding a lease contract with C, the owner of the instant building, and paying the deposit.

B. According to the statement of Gap evidence No. 2 as to whether the defendant is the most lessee, the fact that the defendant, from September 5, 2013 to September 25, 2015, entered into a lease agreement with the contents that the defendant leases part of the building of this case (including bank 1 partitions, toilets, toilets, and kitchens) as deposit money of 22 million won, and the period from September 25, 2013 to September 25, 2015.

However, in addition to the whole purport of the pleadings in the above evidence and the statements in Nos. 3 through 8, 13, 14, and 3, the following circumstances are recognized:

① In other words, one room among the instant buildings where the couple living in 50 households is 6.45 square meters, among the instant buildings where the couple living in 66.45 square meters, is leased to and residing by 50 adults.