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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1 to 3, 10, 12, and 14, and Eul evidence No. 1 may be admitted by taking into account the whole purport of the pleadings:
B. On behalf of the Plaintiff, C, the father of the Plaintiff, prepared on April 29, 2013, with D, one room, among the 17th floor No. 1703, Dong 203, Dong 1703 (hereinafter “instant apartment”) owned by D, D, with the content that D’s lease deposit is KRW 20,000,000, monthly for rent, and the lease term is leased under each agreement from April 29, 2013 to April 28, 2015 (hereinafter “instant lease contract”). The Plaintiff was the move-in report of the instant apartment on April 30, 2013, and the Plaintiff was the move-in report of the instant apartment.
B. On April 18, 2014, the Defendant, as a mortgagee on the instant apartment, applied for the auction of real estate rent on the instant apartment on April 18, 2014, and accordingly, the procedure of the auction of real estate rent B in Suwon District Court (hereinafter “instant auction”) was initiated.
C. In the auction procedure of this case, the Plaintiff asserted that the lease contract as stated in the instant lease agreement was established, and filed a demand for distribution as to the claim for return of lease deposit, based on the right of priority repayment of small lessee under the Housing Lease Protection Act. However, on December 29, 2014, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 394,03,702 should be distributed to the Defendant, who is the first creditor, who is the second creditor, in the amount of KRW 1,312,10, and KRW 387,478,332 should be distributed to the Defendant, who is the second creditor.
The plaintiff appeared on the date of the above distribution, and raised an objection against 16,00,000 won out of the amount of distribution of the defendant, and filed the lawsuit of this case.
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s summary of the Plaintiff’s assertion is between D and D on April 29, 2013.