1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. As to the D apartment Nos. 109, 204, 204 (hereinafter “instant real estate”) owned by Kimpo-si, the procedure of auction of real estate was initiated on September 18, 2014 upon the Defendant’s application, the mortgagee, the mortgagee of the right to collateral security (hereinafter “instant real estate”).

(hereinafter “instant auction procedure”). B.

In the instant auction procedure, the Plaintiff did not report a right and demand a distribution until December 1, 2014, which is a final date for the demand for distribution.

C. On June 10, 2015, on the date of distribution, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 75,212,652 to the Defendant, who is a mortgagee, the mortgagee, in the first order of 377,720 won, the Bank of Korea, in the second order of 288,874,320 won, and in the third order of 35,212,652.

The Plaintiff appeared on the aforementioned date of distribution and raised an objection against KRW 25,00,00 among KRW 75,212,652, which was distributed to the Defendant, and filed a lawsuit of demurrer against the Defendant on June 16, 2015, which was seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that since the right of priority repayment is recognized to the plaintiff as a tenant of small amount under the Housing Lease Protection Act, the plaintiff is entitled to receive KRW 25,000,000 in the auction procedure of this case prior to the defendant, and therefore, the distribution schedule of this case should be revised as stated in the purport of the claim.

In this regard, the defendant asserts that, since the plaintiff did not make a lawful demand for distribution until the end of the demand for distribution, it is not a party entitled to file a lawsuit of demurrer against distribution, and even if the plaintiff is admitted as a party, the plaintiff does not have the right to receive a dividend in the auction procedure of this case as the most lessee

B. A person who is standing to sue a lawsuit of demurrer against distribution is present on the date of distribution and on the distribution schedule.