1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 22, 2009, the Plaintiff leased KRW 401 of the lease deposit amount of KRW 50,000,000 among EAC and D’s four-story neighborhood living facilities and detached houses (hereinafter “the instant building”) owned by Dongdaemun-gu Seoul, Dongdaemun-gu, and C’s four-class neighborhood living facilities and detached houses (hereinafter “the instant building”). On July 10, 2013, the Plaintiff filed a lawsuit against D for the claim for the return of the deposit for lease deposit with Seoul Northern District Court Decision 2013Da9749, Seoul Northern District Court (hereinafter “Seoul Northern District Court Decision 2013, Jul. 10, 2013 (D).

B. On September 5, 2012, the Defendant entered into a lease contract between D and D, setting the lease deposit amount of KRW 90 million and the term of lease from October 10, 2012 to October 9, 2014 (hereinafter “instant lease contract”) with respect to two rooms of the first floor among the instant building, and received a fixed date after completing the move-in report on the 12th of the same month.

C. The instant building and its site set the right to collateral security of KRW 312,00,000,000,000 for the maximum debt amount under the name of the mortgagee’s session, Saemaul Depository, etc. However, the said safe filed an application for commencing an auction on the instant building and its site with the Seoul Northern District Court C, and the auction procedure was initiated on September 25, 2013. In the said procedure, the Plaintiff and the Defendant filed an application for a report on the right and a demand for distribution based on the respective right of lease

On the date of distribution conducted on August 21, 2014, the auction court first distributed to the Plaintiff KRW 20,000,000, and KRW 12,000,000, each of the small amount deposit with the fixed date in the fifth priority, and distributed KRW 18,00,000,00 with the fixed date in the fifth priority, and first distributed to the Defendant the amount of KRW 32,00,000,000 with the small amount deposit in the fourth priority, and, second priority, set up a distribution schedule (hereinafter referred to as “instant distribution schedule”) with the content that distributes KRW 32,528,636, out of the remainder of the leased deposit in the eighth priority.

E. Accordingly, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the amount of distribution to the Defendant, and thereafter, filed the instant lawsuit on August 26, 2014.