1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 15, 2012, the Defendant leased 77,000,000 Won for the lease deposit (the intermediate payment of KRW 2,000,000 on the date of the contract, the intermediate payment of KRW 5,000,000 for the remainder payment of KRW 70,000 on the November 15, 2013, and the remainder of KRW 70,000 on the remainder payment of KRW 70,00,000,00 for each payment made on November 15, 2013), the term of the lease was fixed from February 15, 2012 to February 14, 2014.

The defendant completed the move-in report on the apartment in this case on January 25, 2008, and obtained the fixed date in the lease contract on October 27, 2017.

B. The Defendant remitted all of the lease deposit to the account in the name of D in accordance with the payment date of the down payment, intermediate payment, and the remainder stated in the instant lease agreement, and paid the management fee, etc. of the instant apartment.

C. Meanwhile, around 2017, the Plaintiff made a registration of the establishment of a mortgage on the apartment of this case as referred to in Articles 110237 and 11042, which was received on February 14, 2017, with a view to securing the above loan claims while lending money to D.

Before the above lease and the registration of creation of a neighboring mortgage, the Plaintiff was issued a letter of confirmation that there was no person who filed a move-in report on the apartment of this case from D in order to verify that there was no tenant to receive senior dividends at the time of auction later, and that the apartment of this case was not concluded.

On June 20, 2018, the auction of real estate was conducted in this Court C with respect to the apartment of this case. On June 1, 2018, a distribution table consisting of 27,00,000 won of credit amount, 27,00,000 won of dividend amount, 272,49,461 won of credit amount, 224,184,372 won of credit amount against the plaintiff (hereinafter “distribution table of this case”) was prepared in the auction procedure.

E. On June 20, 2018, the Plaintiff raised an objection to the total amount of KRW 27,000,000 against the Defendant on the date of distribution in the above auction procedure.