1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Seoul Northern District Court B (hereinafter “instant auction procedure”) had commenced with respect to the real estate auction procedure as to the building Nos. 303 on the ground of the Seoul Northern District Office D and 2 lots (hereinafter “instant building”).

B. On June 24, 2013, the Plaintiff asserted that he/she is the lessee of small claims having the right of priority repayment at the instant auction procedure, and made a demand for distribution. However, on July 17, 2014, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 378,690, out of KRW 120,620,371, which is the amount to be actually distributed on the date of distribution, shall be first priority to the head of Gangnam-gu Seoul Special Metropolitan City, the issuing authority, and the head of Gangnam-gu, Seoul Special Metropolitan City, which is the right to deliver the remainder of KRW 120,2

C. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 25 million out of the Defendant’s dividend amount, and filed the instant lawsuit on July 22, 2014, which was seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5 through 7, purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion entered into a lease agreement with C’s agent on March 15, 2013 under which deposit money is KRW 30 million for the instant building, and the term of the lease from March 22, 2013 to March 22, 2014, and the Plaintiff paid deposit money to E on March 28, 2014, and thereafter made a move-in report on the instant building and obtained the fixed date of the said lease agreement. As such, the Plaintiff, as a small lessee for the instant building, has the right of priority repayment to deposit money of KRW 25 million.

Therefore, the instant dividend table should be revised because the amount of KRW 25 million out of the dividend amount against the Defendant is distributed to the Plaintiff.

B. Under Article 8 of the Housing Lease Protection Act, a lessee shall meet the requirements for the delivery and resident registration of a house under Article 3(1) of the same Act in order for the lessee to receive a certain amount of the deposit in preference to other secured creditors.

However, this case.