1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On September 23, 2016, the Plaintiff leased the Seo-gu Incheon Metropolitan Building H (hereinafter “instant real estate”) from F to obtain a fixed date after completing a move-in report on September 28, 2016.

As to the instant real estate, the Defendant completed the registration of the establishment of a neighboring mortgage on September 2, 2016, by the Incheon District Court No. 330488, Sept. 22, 2016, the maximum debt amount of KRW 156 million.

B. On January 25, 2018, the Defendant received a voluntary decision to commence the auction of the instant real estate from Incheon District Court E.

On April 5, 2019, the Incheon District Court prepared a distribution schedule that distributes all the amount of KRW 129,060,787 to the defendant on the date of distribution held on April 5, 2019.

The Plaintiff appeared on the date of distribution, and raised an objection against the distribution of KRW 20 million among the amount distributed to the Defendant, and filed a lawsuit of demurrer against the distribution on April 10, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, a lessee with the moving-in report and the fixed date, has the right to receive the small amount deposit in preference to the Defendant.

However, the Plaintiff failed to report the right and file an application for demand for distribution until the final period for demand for distribution, because it was impossible for the Plaintiff to receive a notice from the court, such as a report on the right, etc., and did not receive the amount equivalent to the deposit for small amount, the instant distribution schedule shall be revised

B. The Plaintiff did not file a report on the right and an application for demand for distribution until the final period for demand for distribution, and thus, is not entitled to receive a dividend.

3. Determination

A. A person who is standing to sue a lawsuit of demurrer against distribution shall be present on the date of distribution and raise an objection under substantive law against the distribution schedule, and in order for a creditor to be present on the date of distribution and raise an objection against the distribution schedule and make an objection under substantive law against the executory debtor.