1. Of the distribution schedule prepared on October 27, 2014 by the said court with respect to voluntary auction cases of Suwon District Court C real estate.

1. Facts of recognition;

A. On February 8, 2013, the Plaintiff completed the transfer of ownership security registration on February 8, 2013 with respect to the E apartment Nos. 114, 801 (hereinafter “instant apartment”) owned by Osan-si (hereinafter “instant apartment”).

B. Since then, on January 27, 2014, upon application by the creditor Korea Housing Finance Corporation, the voluntary decision to commence the auction of the instant apartment on January 27, 2014 (hereinafter “instant auction procedure”) was rendered.

C. In the instant auction procedure, the Defendant filed a report on the right and demand for distribution with the court of execution by asserting that it is a small lessee under Article 8 of the Housing Lease Protection Act for the instant apartment.

On October 27, 2014, at the auction procedure of this case, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) by allocating KRW 160,988,209 to the Defendant, who applied for a demand for distribution as a small lessee, the amount of KRW 160,98,209, which is the date of distribution, after deducting the execution expenses, etc. from the sale price of the instant apartment from KRW 163,310,00,00, which is the date of distribution, and distributing KRW 14 million to the Defendant, who is a holder of the right of delivery, as the first priority order, and distributing KRW 172,060, the amount of KRW 133,03,03 to the Korea Housing Finance Corporation, which is the applicant creditor, and KRW 137,33,03,116 to the Plaintiff, who

E. Accordingly, the Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the total amount of distribution to the Defendant. On October 31, 2014, the Plaintiff filed the instant lawsuit on the said date.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion 1 of the parties asserted that the plaintiff lent KRW 18 million to D to the debtor and set up a provisional registration of collateral for the apartment of this case. At the time of the establishment of the provisional registration of collateral, the defendant who had completed the move-in report for the apartment of this case and had resided in the apartment of this case without compensation.