The distribution schedule prepared by the above court on April 16, 2014 with respect to the case of the auction of the real estate B by Busan District Court Branch B.

Facts of recognition

C On August 30, 2013, at the request of the Plaintiff, who is the mortgagee, regarding Kimpo-si and three parcels E No. 108, 102 (hereinafter “instant real estate”), the procedure of voluntary auction by this court was commenced on August 30, 2013.

(2) On April 29, 2013, the Defendant claimed that the instant real estate was leased at KRW 19,000,000 as the lease deposit (hereinafter “instant lease”). In the instant auction procedure, the Defendant filed an application for demand for distribution (hereinafter “instant lease”).

On the date of distribution implemented on April 16, 2014, the said auction court: (a) recognized the Defendant as a lessee of small claims having priority repayment right; (b) distributed KRW 14,00,000 to the Plaintiff; and (c) drafted a distribution schedule to distribute KRW 97,486,332 to the Plaintiff (hereinafter “instant distribution schedule”).

On April 22, 2014, the Plaintiff raised an objection against the amount of distribution to the Defendant on the date of distribution.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, and Eul evidence Nos. 1 (including branch numbers), records obvious, and the purport of the whole pleadings, the plaintiff's assertion of the purport of the whole pleadings, constitutes the tenant who concluded a lease contract for the purpose of receiving dividends in consideration of the auction of this case, or a person who unfairly abused the small lessee system under the Housing Lease Protection Act, and thus, the plaintiff should delete the amount of dividends to the defendant and distribute it to the plaintiff.

The defendant entered into a lease agreement on the real estate of this case for the purpose of residing in the defendant, and actually resides in the lease deposit, and thus is a legitimate small-sum lessee.

Judgment

The following circumstances, i.e., the defendant, by means of each entry in the evidence Nos. 1, 2, 4, 6, and 7 (including the number of branch numbers), and by the purport of the entire pleadings, are as follows: ① the defendant, as to the source of the lease deposit of this case, has a funeral ceremony, remaining 10,000.