1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) obtained from B on April 14, 201 the right to collateral security from Yeonsu-gu, Incheon, 104 Dong 702 (hereinafter “instant apartment”) with respect to the instant apartment on May 24, 201, and filed an application for the auction of real estate with D (hereinafter “instant auction procedure”). On May 27, 2013, Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) decided to commence auction on May 27, 2013.

However, the Seoul Mutual Savings was declared bankrupt in the competent court, and the defendant became the bankruptcy trustee in the Seoul Mutual Savings.

B. On July 17, 2013, the Plaintiff filed a report on the right and demand for distribution as a lessee to the instant apartment at the instant auction procedure.

However, on January 6, 2014, this Court prepared a distribution schedule that distributes the amount of KRW 412,690 to the Defendant, who is the creditor of the right to request the auction of this case, as the mortgagee of the right to request the auction of this case, in order to pay KRW 183,846,91, as the first priority on the date of distribution of the auction of this case.

In addition, the defendant received the total amount of the above dividends in accordance with the above distribution schedule.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 5, Gap evidence 10 and the purport of the whole pleadings

2. Determination as to the cause of action

A. On October 11, 2012, the Plaintiff leased the instant apartment from the foregoing B with the lease deposit of KRW 25 million, monthly rent of KRW 300,000, and the term of lease from October 29, 2012 to October 28, 2014.

On October 11, 2012, the Plaintiff paid the remainder amount of KRW 2 million to the Plaintiff, KRW 18.9 million on October 26, 2012, KRW 18.99 million on intermediate payment, and KRW 4 million on October 29, 2012.

In addition, the plaintiff made a move-in report on October 30, 2012 and received a fixed date.

Therefore, the Plaintiff should have received KRW 22 million out of the amount distributed to the Defendant as a lessee of small amount in the instant auction procedure.

Therefore, the defendant is obligated to pay to the plaintiff the amount of 22 million won and damages for delay.

(b) the board;