1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. D Co., Ltd. filed an application for voluntary auction based on the right to collateral security with respect to the F apartment G (hereinafter “instant apartment”) in Ansan-si, which was owned by E and rendered a decision to commence voluntary auction with the Suwon District Court, on June 19, 2018.

B. On July 6, 2018, the Plaintiff received a move-in report and a fixed date with respect to the instant apartment at the above auction procedure, and filed an application for a report on the right to lease deposit and a request for distribution with respect to KRW 40 million.

C. On May 29, 2019, Suwon District Court: (a) prepared a distribution schedule with the content that distributes KRW 285,992,895 to the H Association (branch offices) and KRW 51,48,014 to the Defendant to the transferee of D Co., Ltd. (hereinafter “instant distribution schedule”); and (b) did not make dividends to the Plaintiff by deeming that the Plaintiff is the most lessee.

The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against KRW 20,000,00 among the amount distributed by the Defendant of the instant distribution schedule, and filed a lawsuit of demurrer against the Defendant on June 5, 2019, which was seven days thereafter.

[Grounds for recognition] Gap evidence Nos. 1, 3 through 5, 12, Eul evidence No. 5, and the purport of the whole pleadings

2. Determination as to the cause of action

A. On March 22, 2018, the Plaintiff’s assertion: (a) leased one large bank and one living room (joint use) of the instant apartment from E from March 2, 2018 for a fixed period of KRW 40 million and two years (from April 6, 2018 to April 5, 2020); (b) made a move-in report on April 13, 2018; and (c) obtained a fixed date on the same day, the Plaintiff, as a small-sum lessee under the Housing Lease Protection Act, has the right to receive the preferential repayment of KRW 20 million out of the deposit.

Nevertheless, since the distribution schedule of this case, which did not distribute to the plaintiff, was erroneous, the correction thereof shall be sought.

(b) Determination 1) Gap evidence 1 to 3 (including branch numbers, if any; hereafter the same shall apply)

According to the statement of the Plaintiff, the Plaintiff is as E on March 22, 2018.