1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Seoul Eastern District Court B and C commenced the auction procedure of real estate as the mortgagee at the request of the Defendant, who is the mortgagee, with respect to the land and buildings owned by Gangdong-gu Seoul Metropolitan Government E (goods1) and F apartment 110, 703 (goods2) located in Gangdong-gu Seoul Metropolitan Government.

B. On January 1, 201, the Plaintiff is between D and D, and the above A.

With respect to the size of 9.16 square meters in the 2nd floor office (hereinafter “instant building”) among the objects 1, the lease deposit was concluded with the content that the lease deposit amount is KRW 20 million, the lease term is from January 1, 2011 to December 31, 2015, the registration of the business was completed on October 13, 201, and the fixed date was obtained on March 26, 2013. The above auction procedure was conducted, asserting that the lessee is the small amount lessee, and the right was reported and demanded to distribute the lease deposit amount of KRW 15 million.

C. On the date of distribution of the above auction procedure implemented on January 3, 2014, the auction court distributed the amount of KRW 840 million (the amount of KRW 2:480 million, the amount of KRW 1,784,405,716 (the amount of KRW 360 million) to the Defendant, who is the mortgagee of the right to collateral security regarding the goods 1 and the goods 2 in the order of 1,784,405,716, and the amount of KRW 840 million (the amount of KRW 2:480,000, KRW 360,000) to the Defendant, who is the mortgagee of the right to collateral security regarding the goods 1 in the second order, distributed the amount of KRW 747,510,344, and KRW 76,024,788, which is the mortgagee of the right to collateral security regarding the goods 2 in the third order, and the Plaintiff excluded the amount of

On the date of distribution, the Plaintiff filed the instant lawsuit after stated an objection against KRW 15 million out of the amount of dividends against the Defendant, No. 2 on the dividend schedule on the date of distribution.

[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 5, the purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff’s assertion: (a) on January 1, 201, the Plaintiff leased the instant building from D to KRW 20 million without monthly rent as a condition for the appointment of the Plaintiff’s representative director; (b) occupied and used it from that time; and (c) on October 13, 201, business registration was made.