1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 12, 2016, the Defendant sold E land and buildings (hereinafter “instant real estate”) owned by the Defendant to Nonparty F. On November 16, 2016, the Defendant concluded a building lease agreement with F to set the lease deposit amount of KRW 30,000,000 and the lease period of KRW 3 months until February 15, 2017 (hereinafter “instant lease agreement”).

Accordingly, the Defendant maintained the resident registration of the instant building as it is and completed the fixed date in the instant lease agreement on November 21, 2016 and resided in the said building.

B. On November 16, 2016, the Plaintiff acquired the status of the mortgagee of the instant real estate from the Nonparty Association on the ground of the transfer of the finalized claim on December 28, 2017, on the ground that the Plaintiff acquired the status of the mortgagee of the instant real estate from the Nonparty Association, under Article 52364 of the Cheongju District Court’s receipt of the Cheongju District Court’s Chungcheong Branch, the maximum debt amount of KRW 130,000,000,000, the debtor F, and the non-party G Association.

C. On June 19, 2018, the Plaintiff filed an application for the auction of the instant real estate with the Chungcheong District Court D, Chungcheong District Court D, and the Defendant filed an application for the auction of the instant real estate with respect to the instant real estate, and around July 13, 2018, the Plaintiff filed an application for the auction of the said real estate with respect to the said real estate as “30,000,000 won for lease deposit” with respect to the said auction procedure (hereinafter “instant auction procedure”) around July 13, 2018, and claimed it as a small lessee under the Housing Lease Protection Act.

On September 4, 2019, in the instant auction procedure, the auction court prepared the instant distribution schedule with the content of allocating KRW 17,000,000 to the Plaintiff, on the ground that the Defendant is a small-sum lessee with the first priority distribution right, as a small-sum lessee, and distributing KRW 68,281,050 to the Plaintiff.

E. The Plaintiff appeared on the date of the above distribution, and raised an objection against the Defendant’s dividend of KRW 17,00,000, and thereafter, on September 9, 2019.