1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On September 1, 2014, the Defendant seized the E Apartment No. 502, 1207, Dong 1207 (hereinafter “instant real estate”) on five parcels, other than Dong Government-si, and registered on September 2, 2014.

B. On February 9, 2015, Co., Ltd. was a mortgagee on the instant real estate, and on February 10, 2015, the court obtained a decision of auction (B) on the instant real estate, and completed a registration of voluntary decision of auction on February 10, 2015, and thereafter the registration of compulsory decision of auction (F) was additionally made on the instant real estate upon the application of the Credit Guarantee Fund.

C. G was awarded a successful bid on March 14, 2016 for the instant real estate auction procedure.

On April 21, 2016, the judicial assistant prepared a distribution schedule stating that KRW 222,180, out of KRW 188,590,982, which is to be actually distributed after deducting the execution cost from the proceeds of sale, shall be distributed to the National Bank of Korea Co., Ltd. which is the first mortgagee, the second mortgagee, and KRW 160,00,000 to the third mortgagee Co., Ltd., the third mortgagee Co., Ltd., the third mortgagee Co., Ltd., the second mortgagee Co., Ltd., the second mortgagee Co., Ltd., and KRW 27,536,120 to the defendant.

E. On April 21, 2016, the Plaintiff raised an objection to the entire amount of dividends to the Defendant on the date of distribution, and filed the instant lawsuit on April 27, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5 through 7, Gap evidence No. 1, Gap evidence No. 12, the purport of whole pleadings

2. On March 21, 1996, the Plaintiff asserted that the Plaintiff entered into a lease agreement between the first patrolman and C, setting the lease deposit amount of KRW 50,00,000 on the instant real estate, and completed the resident registration around the 21st day of the same month.

Therefore, the plaintiff has the right to be paid in preference to the defendant under the provisions of small amount deposit under Article 8 (1) of the Housing Lease Protection Act. Therefore, the plaintiff has the right to be paid in preference to the defendant under the distribution schedule.