1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Solomon Savings Bank, on December 4, 2009, lent KRW 199,00,000 to C at an annual interest rate of 11%, and received from C a collateral security (the maximum debt amount of KRW 258,70,000,000 for D Apartment 102, 2003 (hereinafter “instant apartment”) as to D Apartment 102, 2003 (hereinafter “the instant apartment”) in Silung-si, Silung-si, Seoul Special Metropolitan City.

Since then, on February 25, 201, the establishment registration of the instant apartment was completed on the maximum debt amount of KRW 51,000,000, the debtor C, and the Incheon Credit Guarantee Foundation, the mortgagee C, the mortgagee of the right to collateral security.

B. The Solomon Savings Bank was declared bankrupt on April 30, 2013 by the Seoul Central District Court 2013Hahap46, and was appointed by the Plaintiff as the trustee in bankruptcy. On August 2, 2013, 2013, the procedure of voluntary auction on the instant apartment was commenced on August 2, 2013 at the request of the Plaintiff.

C. In the above auction procedure, on October 15, 2013, the Defendant filed a report on the right to claim the return of the lease deposit and the demand for distribution with respect to the claim for the return of the lease deposit (hereinafter “the lease contract in this case”) with the small lessee, claiming that he/she is the small lessee who entered into the lease contract (hereinafter “the lease contract in this case”) between October 29, 2012 and C as to the smallest one column among the instant apartment.

In the above auction procedure, the apartment house of this case was sold at KRW 195,00,00 (the amount to be distributed in fact was KRW 191,721,727). The above court, on May 2, 2014, prepared a distribution schedule to distribute the amount of dividends to the plaintiff to the plaintiff in the second order (the mortgagee) and to distribute the amount of KRW 20,000 to the defendant in the second order (the tenant in small amount), KRW 275,560, and KRW 171,446,167 to the plaintiff in the second order (the mortgagee in the second order). The plaintiff appeared on the date of distribution, stated an objection against the amount of dividends to the defendant, and filed the lawsuit of this case on May 8, 2014.

[Grounds for recognition] Unsatisfy, A No. 1.