1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) entered into a mortgage agreement with E organization on March 31, 2014 (hereinafter “E organization”) on the second floor G of the F building in Seoul Jung-gu, Seoul (hereinafter “instant housing”). On April 2, 2014, upon completing the registration of ownership transfer with respect to the instant housing in its own name, set up a mortgage agreement with E organization with a maximum debt amount of KRW 1,140,000,000, with respect to the instant housing at the same time.

B. On November 10, 2017, with respect to the instant housing, the procedure for the auction of real estate (hereinafter “instant auction procedure”) was initiated by this court C.

On February 20, 2018, the Plaintiff reported the right to receive KRW 90,000,000 from the instant auction procedure, and made a demand for distribution.

C. On January 10, 2019, the instant housing was sold in KRW 975,00,000 in the instant auction procedure.

On March 21, 2019, the date of distribution of the instant auction procedure, KRW 952,232,996, which was the amount of KRW 966,806,90, which was the date of actual distribution, deducted the amount of distribution to the persons holding the right to deliver, and KRW 952,232,996, which was the date of distribution, was prepared to distribute the amount to the Defendant who succeeded to the organization

On March 27, 2019, the Plaintiff raised an objection against KRW 90,00,000, out of the dividend amount against the Defendant on the date of distribution, and thereafter filed the instant lawsuit on March 27, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 5 through 16, Eul evidence 6, the purport of the whole pleadings

2. On March 11, 2014, the Plaintiff asserted that he/she was entitled to receive a dividend in preference to the Defendant, a legitimate lessee who actually resided in D while paying the lease deposit amount of KRW 90,00,000 and monthly rent to D after concluding a lease agreement with D on the instant housing.

Nevertheless, it is unlawful to distribute the remaining amount of dividends after deducting the amount of dividends to the delivery authority, except for the Plaintiff’s dividends, to the Defendant. Therefore, it is reasonable to distribute the amount of KRW 90,000 to the Plaintiff out of the amount of dividends to the Defendant.