1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 2, 2016, the Plaintiff entered into a lease agreement with C, setting the deposit amount of KRW 50,00,000, and the period from November 2, 2016 to 60 months, with respect to the whole of the land and the building on the ground (hereinafter “instant real estate”) and the facilities attached to the filling station in Yangju-si, and completed business registration with the head of the competent tax office on November 8, 2016.

B. On January 3, 2017, upon the Defendant’s request, a voluntary decision to commence the auction was rendered to the District Court B with respect to the instant real estate. On March 28, 2018, the court of execution prepared a distribution schedule that distributes the total amount of KRW 2,286,925,275 to the Defendant on the date of distribution.

C. The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against KRW 19,00,00 among the amount distributed to the Defendant, and filed a lawsuit of demurrer against the instant distribution on April 3, 2018, which was within seven days thereafter.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The Plaintiff’s assertion constitutes a small lessee of the amount stipulated in Article 14(1) of the Commercial Building Lease Protection Act, and thus, the Plaintiff has the right to preferentially pay KRW 19,00,000 out of deposit for lease to the Defendant.

Nevertheless, it is unreasonable for a court of execution to exclude the plaintiff and distribute the total amount of KRW 2,286,925,275 to the defendant, so the distribution schedule should be revised as stated in the purport of the claim.

3. The main text of Article 14(1) of the Commercial Building Lease Protection Act provides that a lessee shall have the right to receive a specified amount of the deposit in preference to other secured creditors, and Article 6(3) of the Enforcement Decree of the Commercial Building Lease Protection Act provides that a lessee to receive a preferential repayment pursuant to Article 14 of the Act shall be a lessee whose total sum of the amount converted pursuant to Article 2(2) of the Act is below the amount according to the following classification, if the lessee is a security deposit and a vehicle: