1. The plaintiff's claim is dismissed.

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

On the premise, the Defendant was a person who acquired the right to collateral security on the Gangwon-do Military E, F, G, and H ground buildings owned by D (hereinafter “instant building”) and on the Gangwon-do Military E, F, G, and H land (hereinafter “instant building”) located in the instant building (hereinafter collectively referred to as “instant real estate”). On January 20, 2015, the Defendant filed an application for a voluntary decision on commencement of auction on February 9, 2015 with the Chuncheon District Court Young-gu Branch C for the auction of real estate on January 20, 2015.

B. On April 20, 2016, the court of auction prepared a distribution schedule that distributes each of the amount of KRW 255,176,259 to the Defendant of the requesting creditor, 62,892,478, respectively, to the mutual savings bank Nondo Co., Ltd., Ltd., the first having the right to deliver the amount of KRW 954,820, and to the second having the right to deliver the amount of KRW 191,328,961, and to the third requesting creditor.

C. On the date of the above distribution, the Plaintiff raised an objection against KRW 33,00,000 out of the Defendant’s dividend amount, and filed the instant lawsuit on April 22, 2016.

【Ground of Recognition” without any dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings is the plaintiff's assertion that the plaintiff constitutes a legitimate lessee who has leased the whole commercial building of this case, and a small lessee who has preferential right to payment under the Commercial Building Lease Protection Act. However, in the distribution procedure of the real estate of this case, the plaintiff did not receive the distribution on the premise that he is not a small

Therefore, the dividend of this case is unfair, and the dividend table should be revised to distribute to the Plaintiff the amount of KRW 25,000,000 equivalent to the Plaintiff’s deposit out of the amount of dividend against the Defendant.

Judgment

If the lessee of a commercial building has opposing power under Article 3 (1) of the Commercial Building Lease Protection Act or preferential right to payment under Article 14 (1) of the same Act with respect to the claim for return of deposit for lease, he/she shall obtain the delivery of the commercial building which is the object of the lease and business registration under the Value-Added Tax Act, and obtain a fixed date from