The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. In the procedure of compulsory auction of real estate (hereinafter “instant auction procedure”) initiated by Songpa-gu Seoul Eastern District Court C regarding the Songpa-gu Seoul apartment E apartmentF (hereinafter “instant apartment”), the Plaintiff asserted that he/she is a lessee who is a person on August 2, 2018, and filed a report on the right and demand for distribution as to KRW 250,000,000, the lease deposit was 250,000.

B. On September 4, 2019, among the amount to be actually distributed after deducting the execution expenses from the proceeds from sale, etc., 816,235,535 won, the above court distributed the total of KRW 426,871,487 to the creditors of the first-fourth priority among the amount to be actually distributed 816,235,535 won, and distributes the total of KRW 49,424,658 won to the defendant of the person holding the lower priority interest in the company with the lower priority in the sixth order, and distributes KRW 339,939,39,390 to the defendant of the lower priority holder in the sixth order, and prepares a distribution list that excludes the plaintiff from the distribution (hereinafter “the dividend list of this case”),

(c)

The Plaintiff appeared on the dividend date and stated an objection against KRW 250,00,000 out of the dividend amount to the Defendant, and filed a lawsuit of objection against the instant dividends on September 10, 2019, within seven days thereafter.

[Reasons for Recognition] A without dispute, significant facts in the court, Gap 1, 2, and 6 evidence, Gap 24-1, the purport of the whole pleadings

2. The gist of the cause of the claim is that the Plaintiff entered into a lease agreement with the owner D with respect to the instant apartment, and paid KRW 250,000,000 as the deposit for lease. On May 19, 2012, the Plaintiff entered into the instant apartment and completed the move-in report on resident registration on October 14, 2014, and was living in the instant apartment on October 15, 2014 with the date on which the lease agreement becomes final and conclusive.

However, on July 11, 2016, after the conclusion of the Plaintiff’s lease agreement, the Defendant completed the registration of establishment of the right to collateral security of KRW 420,00,000 with respect to the instant apartment as of July 11, 2016.

Therefore, the plaintiff is a tenant with the opposing power and confirmation date prior to the registration date of the establishment of the right to collateral security by the defendant and is entitled to preferential dividends from the defendant.