1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 16, 2012, C obtained a loan of KRW 47 million from the Plaintiff as collateral for real estate stated in the purport of the registration of ownership transfer (hereinafter “instant building”) that had been made on the same day on July 16, 2012, with the loan of KRW 7 million from the Plaintiff. As to the building, C completed the registration of the establishment of the first priority priority of KRW 60,11 million for the Plaintiff’s maximum debt amount.

B. On July 29, 2013, C entered into a lease agreement between the Defendant and a licensed real estate agent E (F Licensed Real Estate Agent Office) with respect to the instant building as a security deposit of KRW 16 million (the remainder of KRW 500,000,000) and the lease term of the instant building from August 11, 2013, which is the remainder date, for 12 months from August 11, 2013, and accordingly, the Defendant has the same year.

8.12. A move-in report and a fixed date shall be completed;

C. However, from the end of December 2012, C had already lost the benefit of time due to delinquency in paying the said loan interest and reimbursement, and on November 1, 2013, the Plaintiff filed an application for voluntary auction (this Court B) on the instant building.

On the date of distribution conducted on July 8, 2014, the execution court distributed the Defendant, who applied for a demand for distribution as a small lessee, the top priority repayment amounting to KRW 16 million, and KRW 22,469,171, etc. to the Plaintiff.

[Ground for Recognition: Facts without dispute, entry of Gap1 to 8]

2. Determination as to the cause of action

A. The plaintiff asserts that the defendant is the largest tenant as the grounds for objection to the distribution.

In addition to the whole purport of the pleadings in each of the statements (including partial number of heading; hereinafter the same shall apply) Nos. 19 through 12, and Nos. 1 through 12, ① the previous lessee living in the building of this case who died on June 26, 2013 during the contract period and then his/her surviving family member (Dong Ho, etc.) requested a new tenant referral to the above brokerage office, etc. to recover the deposit after completing funeral procedures. ② The defendant is living in the vicinity of the building of this case, and the above brokerage office is located.