The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On October 15, 2019, Defendant D issued a decision of voluntary auction commencement (hereinafter “instant auction procedure”) to Seoul Northern District Court E, Seoul Northern District Court E, on October 15, 2019, regarding the F Building G (hereinafter “instant housing”) owned by Defendant D.

B. On January 2, 2020, the execution court (hereinafter referred to as the “execution court of this case”) which proceeded with the auction procedure of this case designated the date as the completion date to demand a distribution of Eul. The plaintiff asserted that he is the lessee of the housing of this case and submitted a written application for a report of right and a request for a distribution to the above execution court on January 15, 2020, by asserting that he is the lessee of the housing of this case.

(c)

On August 28, 2020, the executing court of the instant case rejected the Plaintiff’s application for postponement of the completion period to demand the distribution, and prepared a distribution list stating that KRW 118,953,725 shall be distributed to the Defendant Association B (hereinafter “Defendant Union”); and that Defendant D, the debtor and the owner of the instant land, distribute KRW 7,187,674 as surplus amounting to KRW 7,674, respectively (hereinafter “instant dividend list”).

(d)

The Plaintiff appeared on the dividend date and raised an objection against 12,812,326 won out of the dividend amount to the Defendant Union. The Plaintiff filed the instant lawsuit on September 3, 2020.

[Grounds for recognition] The items in Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff is a small tenant with the opposing power stipulated in the Housing Lease Protection Act with respect to the housing of this case, and that the auction procedure of this case is being carried out only after the date of the completion of the demand for distribution, as the auction procedure of this case was not notified of the fact by the court of execution of this case while the auction procedure of this case was in progress.

The plaintiff has the right to receive 20,000,000 won as the tenant of small amount in the auction procedure of this case, and the defendants acquired it as the first priority.