1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 25, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with D, setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 400,000 (excluding value-added tax), and the term of lease from July 25, 2014 to July 24, 2016, with respect to the instant store on August 18, 2014.

B. The building located in Gwangju Mine-gu H (hereinafter “instant building”) where D and G shared 1/2 shares, was indicated as “366.08 square meters in the retail store” in the case of one story upon obtaining approval for use as a general building. On October 25, 2012, the instant building was changed to “309.33 square meters in retail stores, 282.12 square meters in general restaurants.” On October 27, 2014, when the instant building was converted to a collective building, the number of housing units was respectively attached to seven stores in each story.

The number of the stores of this case located on the first floor of the building of this case became one different from the indication of the lease contract of this case.

C. On October 26, 2017, the Defendant, the mortgagee of the instant building, filed an application for commencement of a real estate auction with the Gwangju District Court C, and received a decision to commence the auction of real estate from the said court. The Plaintiff indicated the instant store as I and filed a report on the right and demand for distribution during the said voluntary auction procedure.

On the date of distribution on December 27, 2018, the auction court shall distribute the amount of KRW 2,069,726,281, 99,180, and KRW 242,390, out of KRW 2,069,726,281, and the amount of KRW 242,390, out of the amount of KRW 99,180, and the amount of KRW 242,390, which is to be actually distributed from the proceeds of sale and interest of the building of this case on the date of distribution, to J, 13,00,000 as a lessee with a fixed date with the first priority as a lessee of Gwangju Metropolitan City, which is the first priority holder, as a lessee of the fixed date, and shall distribute the amount of KRW 13,00,000 to K, 2,026,384,711 (the dividend rate of KRW 87.17, Dec. 15, 2015).