1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In Eunpyeong-gu Seoul Metropolitan Government, the apartment house (six households), 69.06 square meters of 1st floor, 2nd floor, 62.41 square meters of 2nd floor, and 67.92 square meters of 2nd floor (hereinafter “instant house”) was newly constructed on April 2, 1992.

Of the instant housing, the separate registration was completed on November 3, 1992 with respect to No. 2 E of the second floor among the instant housing (the “instant E”). However, the general building management ledger was prepared, but the aggregate building management ledger was not prepared.

B. On October 31, 2016, the Defendant: (a) set lease period from November 11, 2016 to November 10, 2018; (b) set lease deposit amount of KRW 60,000,000; and (c) deleted the address on November 11, 2016, and filed a move-in report for resident registration with the Eunpyeong-gu Seoul Metropolitan Government D.

around that time, the defendant seems to have obtained the fixed date on the lease contract with the transfer of the title of this case.

C.1) Meanwhile, on January 11, 2017, the Plaintiff completed the registration of the establishment of a mortgage between the maximum debt amount of KRW 60,000,000, the debtor F, and the mortgagee as to the instant subparagraph E. (2) around October 5, 2018, the Plaintiff filed an application for voluntary auction of the instant subparagraph E based on the foregoing right to collateral security, and the instant subparagraph E was sold during the process of voluntary auction.

(Seoul Western District Court C. 3) On the date of distribution of the said voluntary auction procedure implemented on November 14, 2019, the distribution court prepared a distribution schedule with the content that the amount of KRW 83,032,389 is to be distributed actually to the holder of the first priority (the relevant tax), KRW 34,00,000, and KRW 34,000 to the Defendant of the second priority lessee (the highest priority payment), the Defendant of the second priority lessee (the final date) and the Defendant of the third priority lessee (the final date), the remainder of KRW 22,969,279,279 to the Defendant of the fourth priority applicant (the first mortgagee) (hereinafter referred to as the “instant distribution schedule”).

4) The Plaintiff appeared on the above date of distribution and raised an objection against part of the Defendant’s dividend amount of KRW 60,000,000 (= KRW 26,000,000), and seven days thereafter.