1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As a creditor against C, the Plaintiff completed the registration of establishment of a multi-household house No. 102 (hereinafter “instant real estate”) located in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant real estate”). On September 19, 208, the Plaintiff completed the registration of establishment of a neighboring mortgage amounting to KRW C (the name before the opening of the name: E), the mortgagee, the maximum debt amount, KRW 133,250,000.

B. On March 10, 2015, the Defendant completed the registration of a housing lease on February 3, 2015, the lease deposit amount of KRW 15,000,000, the rent of KRW 350,000, the rent of KRW 350,000, October 8, 2008, the lease date of October 8, 2008, the resident registration date of October 31, 2008, with respect to the instant real estate on March 10, 2015, with the Incheon District Court 2015Kao343 as the cause of registration.

C. On March 14, 2017, upon the Plaintiff’s application for a voluntary auction of real estate, the procedure of the voluntary auction of real estate was initiated with the Incheon District Court B, and on March 27, 2018, the said court drafted a distribution schedule that distributes the sales proceeds of the instant real estate to the Defendant, who is a small lessee, the applicant creditor (mortgage) KRW 15,00,000,000, and KRW 54,587,644 to the Plaintiff, respectively.

(hereinafter “instant distribution schedule”). D.

On March 27, 2018, the Plaintiff appeared on the date of distribution, and raised an objection against KRW 12,250,000 out of the Defendant’s dividend amount, and filed a lawsuit of demurrer against distribution on March 29, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that only the remainder remaining after deducting the monthly rent from the lease deposit to C should be distributed.

B. Comprehensively taking account of the purport of the entire pleadings in the statement in Eul evidence Nos. 1 through 7, the defendant entered into a lease agreement with C on October 8, 2008 to lease the real estate of this case with the lease deposit of KRW 15,000,000, monthly rent of KRW 350,000, and the lease term of October 28, 2008 to October 27, 2010, and around that time, the lease deposit of this case was made to C.