1. The plaintiff's claim is dismissed.

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

Basic Facts

On October 31, 2018, the Defendant completed the registration of the creation of a neighboring mortgage with the maximum debt amount of KRW 73 million with respect to the Do Government-si E Apartment F (hereinafter “instant apartment”).

On April 9, 2019, the instant apartment was voluntarily decided to commence auction (Korean Government District Court C) and on October 25, 2019, the distribution schedule was prepared that the Defendant received KRW 40,643,006 from the said right to collateral security (right to collateral security).

In the above voluntary auction case, the plaintiff asserted that he is the lessee of the apartment of this case, and raised a demand for distribution of the lease deposit of KRW 20 million, but was excluded from the distribution, and raised an objection against KRW 20 million out of the dividend amount against the defendant on the date of distribution.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 3, 4, and 8 (including the provisional number), and the summary of the plaintiff's assertion as to the assertion of the purport of the whole pleadings, the plaintiff's assertion as to the purport of the whole pleadings, as to D and the apartment of this case on July 15, 2015, the plaintiff entered into a lease agreement and paid the deposit money by setting the lease agreement as the time the plaintiff's survival. As such, the lease deposit amount of KRW 20 million with the plaintiff, out of the amount of dividends against the defendant, shall be distributed to the plaintiff.

The plaintiff is not the true tenant of the apartment of this case.

Judgment

In full view of the following circumstances, the evidence submitted by the Plaintiff alone cannot be deemed as the true lessee of the apartment of this case, and the Plaintiff’s assertion is without merit. In full view of the following circumstances, the evidence submitted by the Plaintiff is insufficient to deem it as the true lessee of the apartment of this case.

The real estate lease contract (Evidence A2) that the plaintiff prepared at the time of entering into a lease contract with D is written as the office of licensed real estate agents operated by the broker, and the contents of the contract and the lessor.