1. The plaintiff among the distribution schedule prepared by the above court on June 5, 2014 in the Busan District Court B real estate compulsory auction case.

1. Basic facts

A. The Plaintiff is a mortgagee of the right to collateral security on the three-story neighborhood living facilities and detached houses (hereinafter collectively referred to as the “instant real estate”) of Busan Seo-gu D, Busan Seo-gu, 161.3 square meters and above ground reinforced concrete tanks and tidal lub roof three-story neighborhood living facilities and detached houses (hereinafter referred to as “site and ground buildings”).

(B) On June 2, 2011, due to the contract establishing a contract dated June 2, 2011, the maximum debt amount was received on June 2, 2011, and the maximum debt amount was KRW 300,000.

On August 30, 2013, the Seoul Guarantee Insurance Co., Ltd. applied for compulsory auction and the Busan District Court decided to commence compulsory auction as B, and the entry registration was completed on August 30, 2013.

C. On September 13, 2013, the Defendant filed a report on the right and demand for distribution with the executing court, asserting that he/she himself/herself is a small lessee of the total area of 95.79 square meters of the second floor of the ground building among the instant real estate (hereinafter “instant housing”).

(The Defendant’s assertion reveals that the date of conclusion of the lease agreement was May 2, 2013, and the lease deposit was KRW 10,000,000. The Defendant received a fixed date at the time of the move-in report on the same day.

As a result of the auction, the court of execution prepared a distribution schedule of June 5, 2014 (hereinafter referred to as the “distribution schedule of this case”) with the content of distributing KRW 10,000,00 to the defendant (small lessee), KRW 9,000,00 to E (small lessee), KRW 131,909,581 to the Seoul Guarantee Insurance Co., Ltd. (right of provisional seizure), and KRW 133,807,978 to the plaintiff (right of provisional seizure), under the joint order of priority, to distribute KRW 284,717,559 to the defendant (small lessee).

E. On the date of distribution, the Plaintiff filed the instant lawsuit within one week after filing an objection against the whole amount distributed by the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4 (including satisfy number), the purport of the whole pleadings

2. The parties' assertion

A. The circumstances of the instant real estate at the time when the Defendant asserted the Plaintiff’s lease agreement was concluded, or the Defendant’s lease deposit and monthly.