1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Defendant is the 1/5 equity right holder of the Gangnam-gu Seoul Metropolitan Government D Land (hereinafter “instant land”), and E is the owner of the 4/5 equity right holder of the instant land and the 3rd floor building on the instant land (hereinafter “instant building”).

B. On November 19, 2013, with respect to the instant land and building, the Seoul Central District Court C real estate auction procedure was initiated upon the application of the KOFFC, which is a right to collateral security (mortgage-mortgage).

C. On December 16, 2014, the auction court prepared a distribution schedule containing KRW 15,00,000, KRW 15,000,00 to F for the small lessee of the small amount of money, KRW 26,126,560, KRW 150,05,150 to the Samsung Tax Office of the third issuing authority, KRW 641,861,123, KRW 3,780,537, and KRW 3,018, KRW 190 to the Seocho-gu Seoul Metropolitan Government for the second issuing authority, and KRW 26,560, KRW 150 to the transferee of the third issuing authority, Samsung Tax Office of the third issuing authority, and KRW 641,861,123, KRW 123, and KRW 3,789,537, and KRW 306,727581 to the Hannam Branch of the National Health Insurance Corporation of the fifth issuing authority (hereinafter referred to as “the distribution schedule”).

The Plaintiff appeared on the date of distribution, and raised an objection against KRW 25,00,000 among the amount distributed to the Defendant, and filed a lawsuit of demurrer against the distribution on December 19, 2014.

[Ground for Recognition: Facts without dispute, Gap 1, 5 evidence, Eul 1-1, 2-2, purport of the whole pleadings]

2. The assertion and judgment

A. The parties’ assertion that the Plaintiff is a genuine small-sum lessee who leased the three-story 63.93 square meters of the instant building from E on November 12, 2013 to KRW 30,000,00, and all of them were paid, and resides with the moving-in report and the fixed date thereof on the same day. The instant distribution schedule excluded the Plaintiff from the distribution of dividends is unfair, and thus, the Plaintiff is entitled to receive preferential dividends within the scope of KRW 25,00,000,000, which is recognized as the priority repayment right.

The defendant asserts that the plaintiff is the most lessee.

(b).