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

1. Basic facts

A. On March 26, 2013, the Defendant extended a loan to C, and registered the establishment of a collateral to the debtor C and the mortgagee C as the defendant with respect to D and E-based multi-family housing Nos. 204 (hereinafter “instant studio”) owned by P and E on the ground (hereinafter “instant studio”), the maximum debt amount of which is 4,200,000 won, and the establishment of a collateral security against the debtor C and the mortgagee.

B. F Co., Ltd. completed a lease contract with “14,00,000,000,” stating that the studio of this case was leased by C, and received a fixed date after completing the move-in report on April 3, 2013. C. The Plaintiff prepared a lease contract with “C, April 1, 2014,” stating that the studio of this case is leased for KRW 14,00,000,000. The Plaintiff completed the move-in report on April 7, 2014 and received a fixed date.

Upon delay in the principal and interest of C, the Defendant filed an application for commencement of auction of real estate for the instant studio with the High Government District Court Goyang Branch B, and on December 30, 2014, the decision on voluntary decision on commencement of auction was registered and the auction procedure was in progress.

(hereinafter “instant auction procedure”). (e)

The plaintiff filed a report on rights and an application for demand for distribution in the auction procedure of this case on the grounds that he is a small lessee under the Housing Lease Protection Act.

F. As to the amount of KRW 29,795,243 to be actually distributed on December 1, 2015, a court of execution prepared a distribution schedule containing the content that excludes the Plaintiff from the distribution of dividends and distributes KRW 29,778,383 to the Defendant.

(g) The Plaintiff appeared on the date of distribution, and raised an objection against KRW 14,00,000 out of the Defendant’s dividend amount, and filed the instant lawsuit on December 8, 2015, which is seven days thereafter.

【Ground for Recognition: Each entry in Gap's Evidence Nos. 1, 2, 3, 10, 23 (including branch numbers, if any), and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff is the F’s lessee for the purpose of real residence.