1. The plaintiff's claim is dismissed.

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

Basic Facts

D With respect to 79 sections of the same aggregate building, including 57 units of E Apartment 1, Nowon-gu, Seoul Special Metropolitan City(hereinafter the building in this case), which are owned by D, the commencement of voluntary auction to Seoul Northern District Court B on March 19, 2015 was decided on March 19, 2015, and the completion date of demand for distribution was decided on May 29, 2015.

On May 28, 2015, the day before the end of the demand for distribution, the Plaintiff filed a report on the right and the demand for distribution with the lease deposit of KRW 10,000,000 in the above auction court as a small lessee.

On November 23, 2016, the above auction court prepared a distribution schedule that distributes the amount of KRW 1,320,000 to the Defendant, who is a mortgagee, and KRW 0 to the Plaintiff, in the order of priority on November 23, 2016.

On the date of distribution, the Plaintiff raised an objection to KRW 10,00,000 among the amount distributed by the Defendant, and filed the instant lawsuit within seven days thereafter.

【In the absence of dispute over the grounds for recognition, Gap evidence Nos. 1, 3, 4, Eul evidence No. 2, the parties' assertion of the purport of the whole pleadings, and the parties' assertion of the judgment as to this, the plaintiff is entitled to preferentially dividends to the defendant pursuant to Article 14 of the Commercial Building Lease Protection Act (hereinafter "Commercial Building Lease Protection Act"), which is a small-sum tenant with opposing power prior to the registration of the commencement of auction in the building in this case. Thus, the plaintiff's assertion that out of the defendant's dividend amount, the amount of the plaintiff's

The defendant asserts that as the plaintiff is the most lessee, the small-sum lease deposit cannot be distributed preferentially.

According to the evidence Nos. 2-1, 2, and 6 No. 2-1, 2-2, and 6, the Plaintiff and D, the owner of the instant building, drafted a lease deposit of KRW 10,00,000 as of June 16, 2014, and a lease contract of KRW 36 months as of July 15, 2014 (hereafter in this case, the instant lease contract) from July 15, 2014, and the Plaintiff, on January 1, 2008, prior to the date of commencement of auction or entry registration of the instant building ( March 19, 2015).