1. Of the distribution schedule prepared on January 29, 2016 by the Seoul Northern District Court C in relation to the auction of real estate.

1. Basic facts

A. On April 27, 2015, the Seoul Northern District Court C, on April 27, 2015, with respect to the real estate listed in the separate sheet owned by D (hereinafter “instant real estate”), the procedure for the auction of real estate was initiated upon the application of the Busan City Fisheries Cooperatives, a mortgagee.

B. Around June, 2015, which was before the completion date of the demand for distribution ( July 9, 2015), the Defendants reported the right to a lessee with a fixed date as to one column among the underground floors of the instant real estate to the executing court.

C. On January 29, 2016, the date of distribution of the above voluntary auction procedure, the court of execution prepared a distribution schedule with the content that distributes each of KRW 20,00,000 to the Defendants, who are small tenants, in the first order of 239,307,00,000, and 14,835,115 to the Plaintiff, who was transferred the claim from the National Bank, a person having the right of provisional seizure, to whom the claim was transferred, in the sixth order of priority.

The Plaintiff appeared on the date of distribution, and raised an objection to the entire amount of each distribution to the Defendants, and filed a lawsuit of demurrer against distribution on February 4, 2016, within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3, Gap evidence 4-1, 2, Gap evidence 9, Eul evidence 2, 8, and 12, the purport of the whole pleadings and arguments

2. Determination

A. The plaintiff asserts that the defendants are the most lessee who in collusion with D and entered into a lease agreement on the instant real estate. Thus, each dividend amount against the defendants should be distributed to the plaintiff. The defendants asserted that they properly leased part of the instant real estate from D.

B. Comprehensively taking account of the overall purport of the statements and arguments stated in Gap evidence Nos. 5, 6, Eul evidence Nos. 1-1, 2, and Eul evidence Nos. 6, 7, and the whole purport of the pleadings, the Defendants’ security deposit amounting to KRW 20 million among the underground floors of the instant real estate from D on February 21, 2015, KRW 150,000,000 monthly rent, and the lease period from February 25, 2015 to February 24, 2017.