1. The plaintiff's claim is dismissed.

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

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1 and Eul evidence No. 3, and there is no counter-proof.

D acquired ownership as of August 19, 201 with respect to C Building 125 (hereinafter “instant building”). On the same day, the registration of attachment was completed as of April 10, 201, and April 30, 201, with regard to the registration of the establishment of a neighboring mortgage-holder’s maximum debt amount of KRW 629,200,00 (Provided, That this was the object of a joint mortgage with other real estates).

B. The Defendant filed an application for voluntary auction as to the instant building and the instant building Nos. 124 and 126 of the same building in Suwon District Court, and accordingly, rendered a decision to commence voluntary auction as of November 21, 2014.

C. After the order to commence the auction was issued, the Plaintiff asserted that he was a lessee who leased the instant building in the above auction court with the lease deposit amount of KRW 20,000,000, and filed a report on the right and a request for distribution.

In the above auction procedure, the building of this case was sold at KRW 308,850,00 on October 28, 2015. On December 22, 2015, the above court: (a) paid dividends of KRW 301,689,951, which remains after deducting KRW 7,318,468,00,00 from the total amount of interest accrued from the above sale price; (b) paid dividends of KRW 13,50,00 to small-sized lessee E; (c) paid KRW 885,571,00 to the Plaintiff, who is the person entitled to issuance of the pertinent tax base No. 124,267,039,000, which was the person entitled to issuance of the pertinent tax base No. 125,126, which was the person entitled to issuance of the said tax base; and (d) made a distribution schedule to the Defendant, who was the person entitled to delivery of the said tax base; and (d) made the remaining dividends to the Defendant.

E. Accordingly, the Plaintiff filed a lawsuit of demurrer against the instant distribution on December 29, 2015, after stating an objection to the said dividend.

2. Summary of the parties' arguments

A. The Plaintiff is the cause of the instant claim, and the Plaintiff’s status on April 11, 2014.