1. The Plaintiff among the distribution schedule prepared on November 19, 2015 by the said court in the Seoul Southern District Court C real estate auction case.

1. Facts of recognition;

A. On May 13, 2009, the Defendant registered the establishment of the mortgage of KRW 227,500,000 on the second floor E of Yangcheon-gu Seoul Eth (hereinafter “instant apartment”) owned by D, the maximum debt amount of KRW 227,50,000.

B. The Defendant applied for an auction of real estate rent for the instant apartment based on the foregoing right to collateral security and carried out the auction procedure of real estate rent to Seoul Southern District Court C.

C. In the above auction procedure, on October 10, 2013, Plaintiff A claimed that the room of the instant apartment leased KRW 25,000,000 from D, and filed a report on the right and demand for distribution as to KRW 20,000 out of the above lease deposit. Plaintiff B claimed that the room of the instant apartment was leased KRW 25,00,000 and KRW 600,000 each month from the lease deposit, and filed a report on the right and demand for distribution as to KRW 20,00 among the above lease deposit.

On November 19, 2015, the court of execution, which was the date of distribution of the above auction procedure, prepared a distribution schedule of KRW 203,318,380 in the order of first priority to the defendant, who is the holder of the right to collateral security, and the holder of the right to collateral security, and KRW 7,712,436 in the second order, and KRW 7,712,437 in the order of second priority to the plaintiff, respectively. The plaintiffs raised an objection against KRW 12,287,567 in the amount of dividends of the defendant on the date of distribution, and filed a lawsuit of demurrer against distribution on November 24, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 5, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. The parties asserted (1) on September 6, 2013, the Plaintiffs D separately leased 2 partitions from the instant apartment to Plaintiff B, KRW 25,000,00 per month, and KRW 600,000 per month, and KRW 1 column from the instant apartment to Plaintiff A on October 10, 2013. The Plaintiffs filed a correction of the said distribution schedule, as stated in the purport of the claim, since they are small-sum tenants who have been protected by the Housing Lease Protection Act, which completed each move-in report on October 21, 2013.

(2) The Plaintiffs respectively.