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 was a 1/5 share holder of the Gangnam-gu Seoul Metropolitan Government D Land (hereinafter “instant land”).

E was the 4/5 equity right holder of the instant land, and was the owner of the 3rd floor building on the instant land (hereinafter referred to as the “instant building”).

B. On November 18, 2013, on the instant land and building upon the application of the Korea Saemaul Bank, which is a right to collateral security, the real estate auction procedure (this court C) started on November 19, 2013.

C. On December 16, 2014, the auction court prepared a distribution schedule of KRW 4,798,698,141, which deducts the cost of enforcement, as follows:

The remaining surplus 306,727,581 was distributed to the defendant.

(Status) Creditor (Status) of the Gangnam-gu Seoul Special Metropolitan City FY Co., Ltd. (Person with attachment authority) Samsung FY Co., Ltd. (Person with attachment authority) 15,00,000 26,126,560,560 10,705,150, 641,861, 123,780,259, 5373,018, 190 ranking 112345,45, respectively.

D. The Plaintiff did not receive dividends from the auction court even though he did not demand a distribution.

The Plaintiff raised an objection against KRW 15,00,000 among the amount of dividends against the Defendant, and filed a lawsuit of demurrer against the distribution of this case.

[Based on recognition] Evidence Nos. 1, 8, Eul evidence Nos. 1, 14, 17 and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is the small lessee under the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) that leased to the third floor of the instant building.

Therefore, out of the dividend amount to the defendant, 15 million won should be distributed to the plaintiff.

B. The gist of the Defendant’s assertion 1) The Plaintiff is the most lessee and is not subject to protection of the Commercial Building Lease Act. 2) The Defendant is not a lessor, and is not in the position to be responsible for the Plaintiff’

3. Determination

A. According to Article 14(1) and (3) of the Commercial Building Lease Act and Article 7 of the Enforcement Decree of the same Act, the lessee shall be the lessee.