1. Of the distribution schedule prepared on February 23, 2017, this Court concerning C real estate auction in this Court, the Defendant.

1. Facts of recognition;

A. On December 31, 2013, D completed the registration of the establishment of the establishment of a neighboring maximum debt amount of KRW 74,400,000 on the same day as the Seoul Northern District Court’s Dongdaemun District Court’s receipt of the same day, as the Seoul Northern District Court’s Dongdaemun Branch’s receipt of the same date, with respect to subparagraph 2 (the instant real estate from the next date) of the Seongbuk-gu Seoul F Base

B. On January 10, 2014, the Plaintiff received from D the claim for KRW 62,00,000 for E and damages for delay at the rate of KRW 20% per annum from March 16, 2014, and subsequently transferred the aforementioned right to collateral security, and completed the supplementary registration of the transfer of collateral security by the same registry office No. 8934 on January 13, 2014.

C. On January 23, 2014, the Defendant: (a) prepared a lease contract of KRW 12,700,000 for lease deposit with respect to the instant real estate; and (b) obtained the fixed date on January 29, 2014 after the resident registration was completed on January 27, 2014.

On February 27, 2015, the defendant completed the house lease registration under the Housing Lease Registration Law No. 18002.

E. On February 23, 2017, in the instant case involving the instant real estate C, a distribution schedule was prepared with the content that KRW 12,700,000 was distributed to the Defendant, who is the lessee of small amount, and KRW 0,000 was distributed to the Plaintiff.

F. The Plaintiff appeared on the date of distribution, and stated an objection to the entire amount of KRW 12,700,000 against the Defendant, and filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 30 evidence, Eul evidence 1 to 4, the purport of the whole pleadings

2. The lessee shall complete the delivery and resident registration before filing a request for auction, in order to receive a dividend as a small lessee under the Housing Lease Protection Act;

There is no evidence to prove that the Defendant occupied the instant real estate by delivery.

Rather, according to the evidence mentioned above, the defendant prepared a housing lease contract in order to guarantee the damage claim against E, and was registered as a resident, but did not receive delivery.

Nor is the defendant's possession on the delivery of him.