2. The costs of lawsuit shall be borne by the Plaintiff.

A. On April 19, 2019, the Incheon District Court E and F (Dupl) auction procedure was conducted with respect to the 13th floor of H building of the Michuhol-gu Incheon Metropolitan City, which was owned by G (hereinafter “instant real estate”). The court, while distributing the amount of KRW 126,371,978 to be actually distributed on April 19, 201, distributed the amount of KRW 126,371,978 to the Defendant, who is a small lessee, as the first priority holder, the amount of KRW 25,00,000, and KRW 231,260, and KRW 108,154,228 to the Jung-gu, Incheon Metropolitan City, which is a mortgagee, the first collateral security holder, and formulated a distribution schedule (hereinafter “instant distribution schedule”).

B. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the full amount of the Defendant’s dividend, within seven days thereafter, and thereafter filed the instant lawsuit.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 4, obvious fact in record, and purport of whole pleading

2. The allegations and judgment of the parties

A. (1) The parties’ assertion (1) The Defendant is the most lessee and should be excluded from the distribution of dividends. Of the amount of dividends against the Defendant, KRW 13,373,150, which is equivalent to the amount of the Plaintiff’s claim should be distributed to the Plaintiff.

(2) The Defendant’s assertion is a legitimate lessee who leased and resided the instant real estate from G, and thus, the Defendant is entitled to receive a preferential dividend as to the amount of small amount deposit.

B. According to the written evidence evidence Nos. 1 through 9, the Defendant: (a) as the broker of K Licensed Real Estate Agent L on January 5, 2018; (b) as to the instant apartment between G and G, the lease deposit and the Defendant M as to the instant apartment (2,000,000 won at the time of the contract deposit; (c) the intermediate payment of KRW 10,000,000 on January 11, 2018; (d) the remainder of KRW 13,000,000 on January 27, 2018; and (e) the lease term from January 27, 2018 to January 26, 2020.