1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On March 25, 2014, the Seoul Central District Court (hereinafter “instant auction procedure”) opened a voluntary auction procedure for real estate (hereinafter “instant auction procedure”) with respect to the real estate D, 102, 701, Dong 701 (hereinafter “instant real estate”) owned by C, on the application of the Namcheon Agricultural Cooperative, a mortgagee of the right to collateral security.

B. In the instant auction procedure, the said executing court determined and publicly announced the completion date for the demand for distribution on June 2, 2014.

C. On April 9, 2014, the executing court served a lessee notice to the Plaintiff, and the Plaintiff received the said notice on April 15, 2014.

On June 27, 2014, the Plaintiff submitted respectively an application for extension of the date to the court of execution on June 27, 2014, an application for report on rights and a request for distribution on July 2, 2014, and an application for report on rights and a request for distribution on July 11, 2014.

E. On January 7, 2015, a court of execution decided to permit the sale of the instant real estate. On March 26, 2015, on the date of distribution, the court of execution prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) with the content of allocating KRW 2,302,230, and KRW 534,34,475, and KRW 89,14,110 to the Defendant, who is a mortgagee, the mortgagee, and KRW 39,34,475, and KRW 89,110, respectively, to the Dongjak-gu, the distribution authority.

F. The Plaintiff appeared on the aforementioned date of distribution and raised an objection against KRW 25,00,000 among the dividend distributed to the Defendant, and thereafter, filed the instant lawsuit on April 1, 2015, within one week thereafter.

[Ground of recognition] Unsatisfy, entry of evidence A4 to 6, purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff entered into a lease agreement between C, the owner of the instant real estate, with a deposit of KRW 25,00,000,000, and paid the said deposit to C. The Plaintiff received the instant real estate and received a fixed date while living in the Republic of Korea, and also received a move-in report.

The plaintiff did not pay to the plaintiff the deposit of small amount which is recognized as the top priority repayment right.