1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Korean bank, which was created by C, exercised each right to collateral security on the Goyang-gu Seoul Metropolitan City D apartment Nos. 507, 1702 (hereinafter “instant apartment”), filed an application for commencement of the auction of the instant apartment as to the instant apartment to the Goyang-gu District Court, Goyang-gu, Busan Metropolitan City. Accordingly, on November 17, 2016, the said court rendered a decision to commence the auction of the real estate on the commencement of the auction of the instant apartment.

(hereinafter referred to as the “instant voluntary auction procedure”) with respect to the auction procedure by the above decision.

On January 18, 2017, the Plaintiff entered into a lease agreement with E on June 15, 2016 with respect to two partitions among the instant apartment units, which is the owner of the instant apartment units, with the lease deposit of KRW 40 million, monthly rent of KRW 250,000,000, and submitted a report on the right and an application for demand for distribution.

C. On July 12, 2017, Jyang Branch: (a) prepared a distribution schedule with the purport of distributing the entire amount of KRW 480,521,921 to the Defendant by holding a date of distribution on the instant voluntary auction procedure; and (b) accordingly, distributed dividends to the Defendant; (c) the Plaintiff raised an objection against KRW 16 million out of the Defendant’s dividends on the said date of distribution.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that, on June 15, 2016, between E and E, the owner of the instant apartment, the Plaintiff entered into a lease agreement with respect to KRW 80,00,000 of the lease deposit for Section 2 of the instant apartment among the instant apartment units, and between July 15, 2016 and July 14, 2018, but thereafter, the Plaintiff agreed to set E and the lease deposit as KRW 40,000,000, monthly rent, and thus, the Plaintiff should receive dividends as a small lessee.

B. In full view of the judgment, each of the above evidence and Gap evidence Nos. 3 through 5, and 8 (including each number), and the whole purport of the arguments.