1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On September 4, 2014, the Seoul Northern District Court B opened the auction procedure for real estate deposit on September 4, 2014, upon the application of Han Bank Co., Ltd. (hereinafter “I Bank”), a collateral security (hereinafter “instant real estate”) with respect to the Non-01 of the Seoul Northern District Court D’s underground floors (hereinafter “instant real estate”).

B. On February 24, 2016, a court of execution prepared a distribution schedule to distribute the amount of KRW 61,844,924, which is to be actually distributed after deducting the execution cost from the sale price and interest of the instant real estate in the said voluntary auction procedure; KRW 84,780, and KRW 84,780, and KRW 61,760,144 to the Defendant who acquired the right to collateral security from a bank, one bank, in the first order.

C. On February 24, 2016, the Plaintiff appeared on the date of distribution and raised an objection to KRW 30,000,000 out of the amount of distribution against the Defendant.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff’s assertion that: (a) the Plaintiff leased the instant real estate from C in around 2005 to KRW 30,000; and (b) completed a move-in report with a fixed date and obtained preferential right to payment under the Housing Lease Protection Act; (c) the Plaintiff was a lessee with a preferential right to payment under the Housing Lease Protection Act; (d) at the time of the move-in report, the Plaintiff was unable to be notified of the progress of the auction from the auction court as a result of an error by the public official in charge at the time of moving-in report omitted the entry of the same in the resident registration card; and (e) the Plaintiff was aware of the progress of the auction after November 13, 2014, and thereafter, was present on the date of distribution, and thereafter

3. A person who has standing to sue of a lawsuit of demurrer against distribution shall be present on the date of distribution and raise an objection under substantive law against the distribution schedule to the creditor or debtor, and if the creditor is present on the date of distribution on the date of distribution and raises an objection under substantive law against the execution debtor in order to raise an objection against the distribution schedule.