1. The plaintiff's claim is dismissed.

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

1. Facts recognized;

A. On November 20, 2010, the Plaintiff’s mother D, representing the Plaintiff, concluded a lease agreement with the Defendant under the terms of KRW 35 million (payment on November 20, 201) with respect to the F apartment No. 103 Dong 101 (hereinafter “instant real estate”) outside Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, which was owned by the Plaintiff (hereinafter “instant lease agreement”).

B. After that, on January 22, 2011, D, representing the Plaintiff, drafted a receipt to the Defendant that “the Defendant received KRW 5 million as the increase in the deposit for the deposit for the deposit for the lease of real estate in this case.”

C. On July 26, 2011, the Defendant completed a move-in report on the instant real estate and received a fixed date in the lease contract.

On December 22, 2014, the auction procedure was initiated to Incheon District Court C with respect to the instant real estate. In the above auction procedure, the Defendant reported the right of KRW 40 million with respect to the instant lease lease deposit return claim and the demand for distribution.

E. On September 18, 2015, on the date of distribution, the auction court prepared a distribution schedule stating that the Defendant, the lessee of small amount of money, should distribute KRW 22 million to the Defendant (hereinafter “instant distribution schedule”). On the said date of distribution, the Plaintiff appeared on the said date of distribution and raised an objection against the total amount of distribution to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the contract of this case was entered into G, and the contract was entered into with the defendant's name, and even if the tenant is the defendant, the lease contract was entered into with the amount of KRW 25 million per month and KRW 300,000 per month, and the deposit to be refunded is only KRW 7,60,000,000,000,000,000.

Therefore, the amount of dividends to the defendant should be deleted from the distribution schedule of this case and the amount of dividends should be cultivated.

B. The defendant's assertion is the case.