1. The plaintiff's claim is dismissed.

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

Basic Facts

On May 19, 2008, the Plaintiff first filed a move-in report with respect to D Apartment 105 Dong 1802 (hereinafter “instant real estate”) in Guri-si, Dongri-si, Dongri-si, C, and obtained a fixed date in the lease contract on July 1, 2015.

On May 21, 2008, the Defendant lent KRW 100 million to C, set up a right to collateral security of KRW 120 million with the maximum debt amount on the instant real estate, leased KRW 57 million on March 30, 2009, and set up a right to collateral security of KRW 68.4 million with the maximum debt amount on the instant real estate.

C In order that the Defendant did not repay the Defendant’s obligation to the instant real estate, the Defendant filed an application for the auction of real estate rent to the District Court B with respect to the instant real estate, and the interested parties of the said auction case filed an application for the exclusion of dividends to the exclusion of the Plaintiff from dividends. As a result, on the date of distribution progress on April 4, 2016, the distribution schedule was prepared in order of KRW 232,120,00,042, which is the amount to be actually distributed except for the Plaintiff from dividends, to KRW 227,69,38,000, and KRW 30,065,534, which is the amount to be actually distributed, in the order of 1st priority.

On April 8, 2016, the Plaintiff raised an objection against KRW 30 million among the Defendant’s dividends on the distribution schedule, and filed the instant lawsuit on April 8, 2016, which was within seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

The Plaintiff’s assertion as to the cause of the claim is the genuine lessee who entered into a lease contract with C on May 19, 2008 and paid the full amount of the lease deposit with respect to the instant real estate, and resided in the instant real estate after paying the lease deposit.

Since the above lease agreement between the plaintiff and the defendant is valid, the plaintiff should have received the deposit of 22 million won prior to the defendant on the date of distribution as a small lessee with preferential right to payment. However, the plaintiff excluded the plaintiff.