1. The defendant among the distribution schedule prepared on April 5, 2017 by the above court with respect to the auction of the real estate B in Incheon District Court.

1. Basic facts

A. C purchased from D on April 17, 2015, No. 1, 302, Dong Jung-gu, Incheon (hereinafter “instant real estate”) from KRW 65,00,000 for the purchase price, and completed the registration of ownership transfer under his/her name on April 30, 2015.

B. On April 40, 2015, the Plaintiff: (a) granted a loan of KRW 45,000,000 to C to secure the obligation for the said loan; and (b) completed the registration of creation of a mortgage on the instant real property with the first priority priority of KRW 54,00,000 for the maximum debt amount.

C. Meanwhile, in order to preserve the claim amounting to KRW 25,918,197 against C, the non-NN Capital Co., Ltd. received a provisional attachment order from the District Court 2015Kadan4674, Dec. 21, 2015, the provisional attachment registration was completed on the instant real estate.

On December 22, 2015, the Defendant entered into a lease contract between C and C with respect to the instant real estate (hereinafter “instant lease contract”) with the lease deposit amount of KRW 20,000,000, and the lease term of KRW 30,000 from December 30, 2015 to December 30, 2017, and completed the move-in report on December 30, 2015.

E. Upon delay in paying the principal and interest of loan, the Plaintiff filed an application for commencement of voluntary auction on the instant real estate to the Incheon District Court B on May 4, 2016, and accordingly, on May 9, 2016, the voluntary auction procedure on the instant real estate (hereinafter “instant auction procedure”). On July 19, 2016, the Defendant asserted that he/she is a small lessee under the Housing Lease Protection Act and filed an application for report on the right and demand for distribution.

F. On April 5, 2017, the executing court distributed KRW 18,187,132 (the first priority, the amount stipulated in Article 10(2) of the Enforcement Decree of the Housing Lease Protection Act) on the premise that the Defendant is a small lessee under the Housing Lease Protection Act, among KRW 36,374,265, which is to be actually distributed on April 5, 2017, and distributed KRW 110,90 to Jung-gu Incheon Metropolitan City, which is a person holding the right to deliver the said amount, and prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 18,076,233 to the Plaintiff.

G. The Plaintiff on April 5, 2017.