1. The plaintiff's main claim is dismissed.

2. B and the Defendant, on May 11, 2013, Seocheon-gu C apartment.

1. Basic facts

A. B purchased, around September 13, 1991, the Hancheon-gu Seoul Metropolitan Government C Apartment No. 1022, 803, 102, and 803 (hereinafter “instant apartment”) and completed the registration of the ownership transfer on April 25, 1994. As to the instant apartment, the registration of the establishment of a neighboring mortgage on the National Agricultural Cooperative Federation’s name (the maximum debt amount) was completed on June 10, 201, and on May 9, 201, the registration of the establishment of a neighboring mortgage on the Plaintiff’s name (the maximum debt amount) was completed.

B. On May 11, 2013, the Defendant and E entered into a contract to lease the instant apartment from B, a real estate broker, with a deposit of KRW 26 million (hereinafter “instant lease contract”). On May 13, 2013, the Defendant made a move-in report on the instant apartment on May 13, 2013, and obtained a fixed date in the contract of the instant lease contract.

C. On June 26, 2013, the Incheon District Court rendered a voluntary decision to commence the auction on the instant building, and the Defendant made a demand for distribution of the deposit as a lessee at the above auction procedure. On January 24, 2014, the said court drafted a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 22,00,000 shall be distributed to the Defendant (the bond amount of KRW 26,00,000) and the Plaintiff (the bond amount of KRW 87,62,265,00) to the Plaintiff (the bond amount of KRW 87,62,265), each of the dividends of KRW 26,568,431.

On February 3, 2014, the Plaintiff filed a lawsuit of demurrer against distribution seeking to delete the dividend amount of KRW 22,00,000 against the Defendant and correct the amount of KRW 26,568,431 to KRW 48,568,431 among the instant distribution schedule, but the Plaintiff did not submit documents evidencing that fact to the above auction court, and accordingly, the instant distribution schedule became final and conclusive.

E. Accordingly, the Plaintiff modified the lawsuit of demurrer against the said objection as stated in the purport of the claim.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. Judgment on the main claim

A. The plaintiff's assertion is to the following purport.