1. A distribution schedule prepared on December 9, 2015 by the said court with respect to the case of a voluntary auction of real estate in the Gwangju District Court wooden District Court C.

1. In the procedure of the Gwangju District Court's wooden Branch C real estate auction case (hereinafter "the auction procedure of this case") concerning each real estate listed in the separate sheet as D owner of the instant distribution schedule, the Defendants asserted that the executing court is a small lessee of the Housing Lease Protection Act Article 8 of the Housing Lease Protection Act regarding the building listed in the separate sheet No. 2 of the attached list (hereinafter "the instant building") and filed a report on the right and demand for distribution with the executing court.

On December 9, 2015, the execution court distributed each of the 14 million won to the Defendants, a small-sum lessee, who is the date of distribution, and prepared and presented a distribution schedule that does not distribute each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) to the Plaintiff, the second mortgagee of the respective real estates listed in the separate sheet (hereinafter “each of the instant real estates”). The Plaintiff stated an objection against the total amount of dividends to the Defendants.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence No. 5, and the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The plaintiff asserts that the defendants should correct the distribution schedule of this case since they merely prepared a lease contract for the purpose of receiving a dividend in the auction procedure of this case, and they did not enter into a real lease contract or paid a security deposit as a lessee.

As to this, Defendant A paid the lease deposit amount of KRW 15 million from D on July 1, 201, and resided in the third floor of the instant building after completing the move-in report. Defendant B paid the lease deposit of KRW 20 million from D on September 5, 201 after completing the move-in report, and resided after renting the first floor of the instant building, the Defendants asserted that all of them are the small lessee of the instant building.

B. Determination 1) The Defendant A’s lease agreement is to be examined. The evidence No. 4 (the statement in the lease agreement) consistent with the Defendant A’s assertion is as follows.