1. A distribution schedule prepared on March 25, 2015 by the said court with respect to the auction case of the real estate B in the original district court, the Chuncheon District Court’s Jeju District Court.

1. Facts of recognition;

A. On May 10, 2014, the Defendant leased the instant apartment from C with the lease deposit of KRW 13,00,000, monthly rent of KRW 400,000, and the lease term of KRW 27, 2014 from May 27, 2014 to May 27, 2016 (hereinafter “instant lease contract”). On May 27, 2014, the Defendant made a move-in report on the said apartment and received a fixed date in the lease contract.

B. Meanwhile, on the other hand, on January 28, 2013, our bank (hereinafter “Korea bank”) completed the registration of creation of a neighboring mortgage with respect to the apartment of this case, which is KRW 240,000,000,000,000. On July 3, 2014, it applied for voluntary auction as to the apartment of this case, and the voluntary auction (hereinafter “instant auction”) was commenced on July 3, 2014. On September 29, 2014, the Plaintiff acquired the right to collateral security and the secured claim from our bank, and notified the debtor thereof around that time.

C. After that, on the date of distribution of the instant auction, at KRW 188,649,120, the auction court, on March 25, 2015, prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes the amount of KRW 13,00,00 to the Defendant, who is a lessee of small claims, as the lessee of small claims, in the first order, and KRW 108,279,119 to the Plaintiff, who is the mortgagee of small claims, in the fourth order. The Plaintiff appeared on the date of distribution and raised an objection against the whole amount of the Defendant’s dividends, and filed the instant lawsuit within seven days thereafter.

(Ground for recognition: Facts without dispute, Gap evidence 1 through 5, 7, 8, 11 through 14 (including each number; hereinafter the same shall apply), the whole purport of the pleadings.

2. Determination:

A. The gist of the Plaintiff’s primary cause of claim is that the Defendant is the most lessee, or a lessee who cannot be protected as a small lessee under the Housing Lease Protection Act, and thus, the instant distribution schedule should be revised to distribute the amount of KRW 1.3 million distributed to the Defendant to the Plaintiff.

B. The plaintiff's primary cause of claim is the plaintiff's main cause of claim.