1. Defendant of the distribution schedule prepared on May 30, 2014 by the said court with respect to the case of the voluntary auction of real estate C of the Incheon District Court.

1. Facts recognized;

A. On June 10, 201, National Bank Co., Ltd. leased money to D and E on June 10, 201, and obtained a right to collateral security (hereinafter “instant building”) with respect to the building F and G ground reinforced concrete structure parallel roof seven floors (hereinafter “instant building”) of the contract-gu Incheon, Incheon, and the maximum debt amount, KRW 5.2 billion.

B. On September 10, 2012, Defendant A entered into a lease agreement between D and E on the part 101 of the instant building with a deposit of KRW 35 million and the term of lease from October 10, 2012 to October 9, 2014. On February 10, 2012, Defendant B entered into a lease agreement between E and E on the part 301 of the instant building with a deposit of KRW 25 million, monthly rent of KRW 200,000, and the term of lease from February 25, 2012 to February 24, 2014.

C. On January 25, 2013, upon the request for auction by the National Bank of Korea, the procedure of auction of real estate was initiated as to the instant building to the Incheon District Court C, and the Defendants reported the right to claim the return of each of the lease deposits and demanded the distribution thereof.

On May 30, 2014, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 4,229,463,560 to the Plaintiff (the transferee of a national bank), a mortgagee, who is a small lessee, KRW 1,350,00 won, KRW 21.6 million, and KRW 4,229,463,560, in the third order.

E. The Plaintiff appeared on the date of distribution of the instant case, and raised an objection to the entire dividend amount of the Defendants. On June 5, 2014, the Plaintiff filed the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 5, purport of whole pleadings

2. Determination on the cause of the claim

A. The legislative purpose of the Housing Lease Protection Act is to ensure stability of the residential life of citizens by prescribing special cases on the Civil Act concerning residential buildings (Article 1), and the lessee under Article 8 (1) of the Housing Lease Protection Act is out of deposit money.