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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The costs of lawsuit shall be assessed by adding a principal lawsuit and a counterclaim;
Reasons
1. Determination as to the main claim
A. (1) On September 15, 2014, the Plaintiff filed a report on the right and demand for distribution as a small lessee of the lease deposit amounting to KRW 35 million, in relation to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by B as indicated in the separate sheet (hereinafter “instant real estate”).
(2) However, the distribution court distributed the amount of KRW 460,836,853 to be actually distributed on September 24, 2015, and distributed the amount of KRW 358,140 to Jung-gu Seoul Metropolitan Government, and distributed KRW 417,013,085 to the Korean CTR Bank, a total of KRW 417,013,085 to the Defendant and KRW 43,465,628 to the Defendant, and did not distribute to the Plaintiff.
(3) The Plaintiff did not raise any objection to the distribution of the same content as that of the foregoing paragraph (2), and the distribution schedule became final and conclusive as is.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings
B. The plaintiff alleged by the plaintiff is a legitimate small lessee who has entered into a lease contract between B and B with the lease deposit amounting to KRW 35 million and paid the full lease deposit amount to B. Since the plaintiff did not receive dividends from the auction court's error in the auction case concerning the real estate of this case, the defendant alleged that the above KRW 25 million is liable to return the lease deposit to the plaintiff as unjust enrichment, and the defendant asserts that the plaintiff is the largest lessee who entered into a false lease contract between B.
C. According to the written evidence Nos. 6 through 8, the Plaintiff as the lessee, B as the lessor, and the lease deposit amount is KRW 35 million, and the contract date on June 27, 2014 (hereinafter “instant lease contract”) is written. The Plaintiff’s deposit account in the name of B.