1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 7, 2017, upon the Defendant’s application that completed the registration of establishment of a right to collateral security (hereinafter “instant building”) on the instant building on April 25, 2007, the decision to voluntarily commence the auction (hereinafter “instant auction procedure”) with respect to the instant building was made on September 7, 2017, and the registration was entered.

B. The Plaintiff, as a pro-friendly resident of D, asserted that he is a small lessee at the instant auction procedure, and filed an application for a report on rights and a demand for distribution.

C. Terms and conditions of a special agreement entered into between the Plaintiff and D without brokerage of a licensed real estate agent are as follows.

E

D. In the instant auction procedure, the said court prepared a distribution schedule with the content that distributes to the Defendant, who is the right to collateral security, all KRW 292,520 out of KRW 129,639,763, which is the date of distribution, to be actually distributed on November 8, 2018, in the first order, and the remainder 129,347,243, which is the right to collateral security, to be distributed to the Defendant.

E. The Plaintiff filed a lawsuit of demurrer against the distribution of KRW 10 million among the Defendant’s dividends, and filed a lawsuit of demurrer against the distribution on November 14, 2018.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, Eul evidence 4, Eul evidence 5, the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that D lent the construction cost of KRW 10 million to D in 2009 for the purpose of changing the use of the instant building, but did not receive payment.

With respect to D and the first floor F of the instant building on July 26, 2017, the Plaintiff entered into a lease agreement with the amount of KRW 10 million, the lease deposit amount of KRW 10 million, the lease term of KRW 10 million, the monthly rent of KRW 1 million, and the down payment of KRW 1 million on the same day shall be paid on August 3, 2017, and the remainder of the deposit amount of KRW 9 million shall be paid on August 3, 2017, and the Plaintiff shall complete the move-in report on August 4, 2017, and shall be a lessee of a small amount of money

Therefore, in the distribution procedure of this case, the Plaintiff is a small lessee with a security deposit of KRW 10 million prior to the Defendant.