1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On November 15, 2013, with respect to the apartment Nos. 8, 302 (hereinafter “instant apartment”) owned by D, the Seoul Central District Court started the auction procedure for B real estate auction at the Defendant’s request, a mortgagee, on November 15, 2013.

B. On June 24, 2014, the above auction court prepared a distribution schedule with the content of distributing KRW 673,300 to Dongjak-gu Seoul Metropolitan Government, 314,956,708 to the second Samsung Life Insurance Co., Ltd., and 57,029,912 to the third defendant.

(hereinafter “instant distribution schedule”). C.

The Plaintiff appeared on the date of distribution, and raised an objection against KRW 23,00,000 among the amount distributed to the Defendant, and filed a lawsuit of demurrer against the distribution on July 1, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 4 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that on March 19, 2013, the plaintiff was entitled to the preferential payment of KRW 20,000,000 for the lease deposit with KRW 23,000,00 among the apartment of this case from D. The plaintiff is the genuine small-sum lessee who had resided with the date of the move-in report on March 29, 2013 and the fixed date on February 6, 2014. Therefore, the distribution schedule of this case excluded the plaintiff from the distribution of dividends is unfair, and thus, the plaintiff is entitled to the preferential payment of KRW 20,00,000, which is recognized as the priority payment right, and the defendant asserts that the plaintiff is the most lessee as D's creditor.

B. Determination 1) As to whether the Plaintiff is a genuine lessee with respect to the instant apartment, the Plaintiff: (a) had concluded a lease agreement with the Plaintiff setting the room 1 column from D as KRW 23,000,000 from March 20, 2013 to KRW 24 months from the lease term; (b) the Plaintiff’s mother remitted KRW 3,00,000 to D on February 5, 2013; and (c) on March 29, 2013, the Plaintiff transferred the instant apartment to D on March 29, 2013.