1. The instant lawsuit shall be dismissed.

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

1. As to the auction case stated in the plaintiff's claim (hereinafter "auction of this case"), the execution court prepared a distribution schedule stating that the remaining 112,236,804 won, which is distributed to the defendant, who is the first secured mortgage, in order to pay out the actual amount of dividends, to the defendant, who is the third secured mortgage holder, among the amount to be distributed. The distribution schedule of this case should be corrected to pay 10 million won out of the amount of dividends to the defendant to the plaintiff, who is the small lessee.

2. A person who has standing to sue a lawsuit of demurrer against distribution, as to the legitimacy of a lawsuit of demurrer against distribution, shall be present on the date of distribution and raise an objection on the date of distribution, and in order for a creditor to appear on the date of distribution and raise an objection on the date of distribution as to the substantive nature of the distribution schedule, the creditor who is an executory debtor under substantive law is insufficient to have made a lawful demand for distribution, and the creditor who did not lawfully demand a distribution does not have the right to raise an objection on the date of distribution, and even if such person appeared on the date of distribution and raised an objection on the date of distribution, it is unreasonable to have raised an objection against the distribution schedule, and there is no standing to sue to institute a lawsuit of demurrer against distribution.

(See Supreme Court Decision 2001Da63155 Decided September 4, 2002, and Supreme Court Decision 2003Da27696 Decided August 22, 2003). Meanwhile, a claim for return of a small amount deposit by a lessee of a small amount for which the right to preferential reimbursement is recognized under the Housing Lease Protection Act constitutes a claim for demand for distribution under Articles 268 and 88(1) of the Civil Execution Act.

(See Supreme Court Decision 2001Da70702 Decided January 22, 2002). However, the Plaintiff voluntarily admitted the fact that the Plaintiff failed to demand a distribution by August 12, 2019, which is the date of the completion of the period to demand a distribution. As such, the Plaintiff appears on the date of distribution.