1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The distribution schedule was prepared to distribute KRW 4,680,782,109, which was derived from the execution cost on March 12, 2020, in the case of related compulsory auction conducted with respect to the land and its ground buildings outside and outside the Seoul Jung-gu, Seoul and two parcels (hereinafter referred to as the “instant building”) as follows:

(E) The creditor is a corporation (if the creditor is a corporation, the statement is omitted) 1,105,00,000 as the mortgagee 1 of JBB-mortgage 1,105,00,000 as the creditor’s dividends, 3 JB-mortgage 15,000,000 for small-sum lessee 15,000,003 JB-mortgage 106,065,3486, 49,988,522 as the creditor’s creditor (E) 634,601,346,60 (G equity) 634,634,172,971 (G equity), 175,352,576, 200, M&13,003,714,75,7465,7465,7465,7465,7565,765,7465,75,76465,7616,

B. On March 12, 2020, the Plaintiff raised an objection against KRW 4,553,511 out of the Defendant’s dividend amount on the date of distribution of the compulsory auction case related to the compulsory auction held on March 12, 2020, and filed the instant lawsuit on March 18, 2020.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2, obvious facts in records, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s summary of the Plaintiff’s assertion was respectively leased from E, F, G, and H, the owner of the instant building, KRW 40 million, and KRW 5 million on August 2, 2014, and KRW 500,000,000, respectively, on August 31, 2014.

However, in the case of related compulsory auction, the plaintiff distributed only part of the deposit under the premise that the plaintiff had received a fixed date on January 2, 2018 for each of the above buildings.

Therefore, the distribution schedule should be revised to distribute the total amount of KRW 45 million to the Plaintiff.

B. The lessee of a commercial building shall have jurisdiction over the delivery of the building, after filing business registration under the Value-Added Tax Act, the Income Tax Act, or the Corporate Tax Act.