1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 5, 2014, the instant court rendered a voluntary decision to commence the auction of B real estate (hereinafter “instant auction case”) against C Apartment 501 Dong 1805 (hereinafter “instant apartment”) in Seoul Special Metropolitan City, Gwanak-gu, Seoul. On the same day, the registration of the decision to commence the instant auction case was completed.

B. On June 12, 2015, this Court prepared a distribution schedule that distributes the amount of KRW 268,273,006 to the Defendant of the applicant creditor (beneficiary) in the first priority (the pertinent tax) in the instant auction case to the Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City (the applicant mortgagee), and the Plaintiff was excluded from the said distribution.

C. The Plaintiff stated an objection against KRW 16,00,000 out of the dividend distributed to the Defendant on the date of the above distribution, and filed the instant lawsuit on June 18, 2015, within one week thereafter.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The assertion and its judgment

A. The plaintiff asserted that the plaintiff is illegal to exclude the plaintiff who is a small lessee with preferential rights to payment protected under the Housing Lease Protection Act from the distribution of dividends and sought correction of the distribution schedule, such as the purport of the claim.

In regard to this, the Defendant asserted that the lessee of the instant apartment was D Co., Ltd. (hereinafter “instant company”) in which the Plaintiff, not the Plaintiff, was the representative director, and the trade name was changed from E to F, and then the trade name was changed thereafter.

B. The following facts and circumstances do not conflict between the parties, or recognize the whole purport of the pleadings as stated in Gap evidence 1 to Gap evidence 18-4, and Eul evidence 1.

(1) The representative director of the instant company is the Plaintiff, and the director G of the instant company is between H on May 28, 2008 and H, with respect to the instant apartment, KRW 10 million, monthly rent of KRW 650,000,000, and the lease period.