1. It was drawn up on November 27, 2014 by this Court with respect to voluntary auction cases of real estate B in Gyeyang-gu District Court Goyang-gu.

1. Facts of recognition;

A. On April 16, 2013, 201, C Apartment 103, 601 (hereinafter “instant real estate”) concluded a lease agreement with the Plaintiff and the instant real estate from May 29, 2013 to May 28, 2015, with respect to the lease deposit amount of KRW 30,000,000 and the lease term of KRW 30,000 with respect to the said real estate.

(hereinafter “instant lease agreement”). On April 16, 2013, the Plaintiff paid KRW 3,00,000 as down payment, and KRW 27,000,000 as of May 29, 2013. On May 30, 2013, the Plaintiff transferred the instant real estate to the instant real estate and obtained a fixed date.

B. Meanwhile, the Defendant lent D KRW 222,00,000 to D, and set the right to collateral security worth KRW 266,400,000 with respect to the instant real property.

However, as D delayed the payment of interest on loans from May 2014, around September 2014, D applied for a voluntary auction of real estate B with respect to the instant real estate, and the auction procedure was in progress according to the decision.

C. On November 27, 2014, at the above auction procedure, a distribution schedule was prepared to the effect that the Plaintiff distributes to the Defendant the remaining KRW 172,228,924, excluding taxes, etc., except for dividends.

Accordingly, the plaintiff appeared on the date of distribution and raised an objection against 14,00,000 won out of the amount of dividend of the defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, purport of the whole pleadings

2. The plaintiff asserts that, for the purpose of residence, the plaintiff concluded a lease agreement with D on three partitions of the real estate in this case with deposit money of KRW 30,00,00,00 for the purpose of residence, and the genuine tenant who paid the deposit is entitled to protection under the Housing Lease Protection Act, and thus, the plaintiff asserts that the distribution schedule, which excluded the plaintiff from the distribution of dividends, could be distributed preferentially to the defendant, because the plaintiff constitutes a tenant entitled to preferential payment

As to this, the defendant shall make a lease contract with the deposit amount of KRW 55,00,000 immediately before the commencement of voluntary auction as to the real estate of this case.