1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 6, 2017, the Plaintiff leased KRW 60,000,00 to D on January 6, 2017, and completed the registration of the establishment of a neighboring mortgage, which is the Cheongju District Court’s Audio Registry, with respect to the building indicated in the attached list, which was owned by D on January 9, 2017 (hereinafter “instant building”).

B. On August 22, 2017, the Plaintiff filed an application for the auction of real estate for the instant building with the Cheongju District Court Cheongju District Court Cheongju Branch C, and on September 21, 2018, E paid the sale price and acquired ownership of the instant building in the auction procedure (hereinafter “instant auction procedure”).

C. On September 29, 2017, the Defendant submitted the instant auction procedure with respect to the instant building, “30,000,000 won for lease,” “annual rent of KRW 4,00,000,00”, “from May 1, 2016 to April 30, 2021 during the possession period”, “from May 1, 2016 to April 30, 2021”, “date of transfer, February 1, 2017” and “application for report of rights and demand for distribution,” respectively.

On October 31, 2018, the auction court, in the instant auction procedure, prepared a distribution schedule with the content that distributes KRW 16,708,823 to the Plaintiff, on the ground that the Defendant is a small-sum lessee with the first priority distribution right, and that the Plaintiff is a small-sum lessee with the said distribution right, respectively (hereinafter “instant distribution schedule”).

E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 16,708,823 of the Defendant’s dividend amount, and thereafter filed a lawsuit of demurrer against the distribution with the instant court on November 7, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The auction court of the Plaintiff’s assertion recognized the Defendant as a lessee of small claims under the Housing Lease Protection Act and distributed KRW 16,708,823 by deeming the Defendant as the top priority repayment right. However, the Defendant is between D and D, which was an influent post-ship.