A. On March 20, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C to lease the lease deposit amount of KRW 25 million and the lease term from March 29, 2013 to March 29, 2015, the Plaintiff paid the lease deposit amount of KRW 4 million to C on the date of the contract, and completed the move-in report with the fixed date, and paid the remainder of KRW 21 million on April 1, 2013.

B. On March 5, 2009, the Defendant, while granting a loan to C on the same day, set up a right to collateral security of KRW 169 million with the maximum debt amount on the same day, and C lost the benefit of time due to the delayed payment of the loan. On May 20, 2014, the Defendant voluntarily decided to commence auction at this court B (hereinafter “instant auction procedure”).

C. On April 14, 2015, the instant court drafted a distribution schedule (hereinafter “instant distribution schedule”) with the content that, among the amount to be actually distributed on the date of distribution of the instant auction procedure, KRW 153,124,08, the creditor (beneficiary) distributes each of KRW 152,112,328 to the Defendant and exclude the Plaintiff from the distribution of dividends in the order of the first priority among the amount to be actually distributed in KRW 153,124,088, Incheon, Seo-gu.

The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 25,00,000 out of the amount of distribution to the Defendant, and thereafter filed the instant lawsuit on April 21, 2015, within one week thereafter.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 1 evidence (including partial numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff asserts that, as the genuine lessee of the instant real estate, has the right of preferential repayment as to the deposit for lease in the instant auction procedure in accordance with the Housing Lease Protection Act, the instant distribution schedule should be revised by allocating to the Plaintiff the amount of KRW 20,000,000, which constitutes the small amount of deposit for lease among the dividends that the Defendant received.

2.3.