1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 12, 2012, the Defendant completed the registration of the establishment of a neighboring establishment for the debtor C, with respect to “The third floor No. 301 (hereinafter “the instant housing”) of the Gyeyang-gu, Soyang-gu, Seoyang-gu, D” owned by C, the maximum debt amount of which is KRW 148,80,000, and the debtor.

B. C delayed the principal and interest of the above collateral security obligation, and the Defendant filed an application for voluntary auction of the instant housing with the Cheongyang District Court in February 2014, and the registration was completed pursuant to the above court’s decision on voluntary auction (Seoul District Court High Court High Court High Court High Court High Court Branch B) on February 13, 2014.

C. On January 29, 2014, the Plaintiff specified the instant housing from C as “4 Dong 301 at the time of lease contract and move-in report.”

(D) On February 1, 2014, the court made an application for a report on the right and a demand for distribution in the said auction procedure, asserting that the Plaintiff was a lessee with a move-in report and a fixed date on February 3, 2014, and filed an application for a distribution. D. The auction court prepared a distribution schedule with the content that the Plaintiff excluded the Plaintiff on March 12, 2015 and distributes the total amount of KRW 99,658,507 to the Defendant. E. The Plaintiff was present on the date of distribution, and raised an objection against the amount of dividends to the Defendant, and filed the instant lawsuit within seven days thereafter. 【Grounds for recognition】 The evidence Nos. 1 and 2 (each entry in each number, and the purport of the entire pleadings.

2. Summary of the parties' arguments;

A. The Plaintiff is a legitimate lessee who has preferential right to payment under the Housing Lease Protection Act, and thus, the instant dividend table ought to be corrected to pay to the Plaintiff KRW 22,00,000, which is recognized as the top priority repayment right out of the Defendant’s dividend amount.

B. Even if the Plaintiff is the so-called tenant or not, the Plaintiff did not have the opposing power under the Housing Lease Protection Act as a person commencing possession after February 19, 2014, after completing the registration of the decision on commencing the auction. Thus, the instant dividend table is justifiable.

3. Whether the Plaintiff is the most lessee