1. Of the distribution schedule prepared by the said court on July 23, 2014 in the Suwon District Court’s Ansan Branch B real estate auction case.

1. Basic facts

A. The Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “mortgage of this case”) on June 16, 2010 with respect to the unit D Nos. 609, 304 (hereinafter “instant apartment”) owned by Ansan-si (hereinafter “instant apartment”) in order to secure a loan claim against C. The Plaintiff completed the registration of the establishment of a neighboring mortgage of KRW 344,50,000 on the maximum debt amount.

B. After the occurrence of arrears regarding the above loan obligations, the Plaintiff applied for a voluntary auction on the apartment of this case to Suwon District Court A, which was based on the instant collateral security on August 22, 2013, and received a decision to commence the voluntary auction from the said court on August 23, 2013.

(hereinafter “instant auction procedure”). C.

On the other hand, as of February 27, 2013, C and the Defendant drafted a lease agreement with C to lease the instant apartment from C in KRW 25,00,000. The Defendant completed the move-in report and the fixed date on February 28, 2013, and filed a report on the right and demand for distribution with the executing court in the instant auction procedure.

On July 23, 2014, an execution court made a distribution of KRW 14,00,00,000, out of KRW 242,556,176, which is to be actually distributed on the date of open distribution, to the Defendant who reported to a small lessee as a small lessee, in the first order, and made a distribution schedule with the content that the remaining KRW 228,556,176, which is to be distributed in the second order to the Plaintiff, who is the creditor requesting auction, as the creditor requesting auction (hereinafter referred to as

E. Accordingly, on the date of distribution, the Plaintiff stated an objection to the total amount of dividends to the Defendant, and thereafter filed the instant lawsuit on July 28, 2014, one week thereafter.

[Reasons for Recognition] Each entry of Gap evidence 1 to 3 (including each number), and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that as the defendant is the most lessee, the distribution of dividends to the defendant should be unfair and distributed to the plaintiff, who is the right to collateral security. The defendant asserts that the distribution of dividends is justifiable as the lessee.

(b).