1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. In the auction procedure of the Geumcheon-gu Seoul District Court C real estate auction case of the Geumcheon-gu Seoul District Court on the land and its ground buildings owned by D, the above court: (a) out of KRW 630,348,215, the amount to be actually distributed except execution expenses, etc. on August 28, 2015; (b) out of KRW 630,348,215, the above court prepared a distribution schedule to the Defendant, who is the first-class lessee of small claims, KRW 400,000,000 to F, KRW 7,000,000 to H; (c) KRW 20,000,000 to H; (d) KRW 1,404,190 to the Seoul Geumcheon-gu Seoul District Court on the land and its ground buildings; and (d) KRW 561,54,250,000, the maximum debt amount to the Defendant, who is the second-class mortgagee of the third-class collective security.

B. The Plaintiff attended the aforementioned date of distribution and stated to the effect that the calculation of his/her dividend amount is unfair, and filed the instant lawsuit on September 1, 2015, which was seven days thereafter.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. The plaintiff, as a small lessee of the lawsuit in this case, is entitled to the dividends of KRW 12 million, which is the full amount of the security deposit, in the above auction procedure, as a small lessee of the lawsuit in this case. Thus, the plaintiff asserts that the distribution schedule should be revised to distribute the amount equivalent to the amount of the defendant's dividends to himself/herself.

On the other hand, in case where a plaintiff who makes a demand for distribution, as a tenant of a small amount under the Housing Lease Protection Act, files an objection against other creditors who received a distribution by asserting priority order against him/her, the creditors pointing out as subordinate to himself/herself cannot raise an objection against any other party, but only the creditors who would not receive the distribution if the distribution court accepted the plaintiff's objection from the beginning and prepared the distribution schedule, i.e., the creditors who were related to the amount of distribution until the amount of the plaintiff's demand for distribution reaches the amount of the plaintiff's demand for distribution.