1. It was prepared on November 5, 2015 by the above court with respect to the auction of real estate B in Gyeyang-gu District Court Goyang-gu District Court.

1. Basic facts

A. The Plaintiff completed the registration of the establishment of a neighboring land in Gyeyang-gu Seoul Metropolitan City D 1,326 square meters (in a new address, “Yyang-gu E”; hereinafter “instant land”) with a loan granted to C and as a security therefor.

B. C did not fully repay the principal and interest of the loan, and the Plaintiff filed a request for auction on the said land, and on September 14, 2014, the auction procedure was commenced on the Dayang-dong District Court (hereinafter “instant auction procedure”).

C. The Defendant asserted that it is a lessee with respect to one square column of the above land-based building (the building appears not to be unregistered) and filed a report on the right and demand for distribution in the instant auction procedure.

On November 5, 2015, a court of execution prepared a distribution schedule containing the distribution of KRW 8,00,000,000, as the highest priority lessee (the first priority lessee), and KRW 7,000,000 (the fourth priority lessee) as the ordinary smallest lessee, and KRW 15,00,000,00, which is the total amount of the claim, to the Plaintiff (the third priority mortgagee), and KRW 38,60,000,00, which is the total amount of the claim, as the third priority mortgagee, and ② the sixth priority mortgagee of the claim amount of KRW 148,227,86,86,90, which is the amount of the claim.

E. The Plaintiff’s agent F appeared on the date of the above distribution, and raised an objection to the full amount of the Defendant’s dividend, and filed a lawsuit of demurrer against the distribution within seven days thereafter.

【Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 4, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant is the one who is the most lessee or the other lessee, but rather intends to use and benefit from the house, and thus, it cannot be protected as a small lessee under the Housing Lease Protection Act.

Therefore, the distribution schedule should be revised to distribute the dividend to the Plaintiff.

B. The defendant sent 15,00,000 won of the deposit for lease to C by means of cash or in lieu of the claim that occurred in the past.