The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff is the owner of Seo-gu Daejeon Building E (hereinafter “instant real estate”).

On February 18, 2018, the Plaintiff leased the instant real estate to the Defendant with a deposit of KRW 5 million and KRW 350,000 per month (pre-paid on February 28, 2018).

(hereinafter “instant lease”). On November 30, 2018, the Defendant paid KRW 3.50,000 to the Plaintiff on December 30, 2018, and thereafter the Daejeon District Court C real estate auction (hereinafter “instant auction”) on the instant real estate commenced, the Defendant did not pay the following monthly rent.

B. A distribution schedule drawn up on December 2, 2019 at the instant auction is that the Defendant received 3,950,000 won as the top priority bond, 114,110,046 won by the transferee of the applicant creditor, and 31,094,219 won from the surplus by the Plaintiff.

On December 2, 2019, the Plaintiff appeared on the date of distribution of the instant auction, and raised an objection against KRW 3,150,000 among the Defendant’s dividends.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. Since the Plaintiff continuously occupied the instant real estate and delivered it to the successful bidder at night around November 20, 2019, the Plaintiff was obligated to pay the Plaintiff the monthly rent of about 4.2 million won from November 29, 2018 to November 20, 2019, and the Plaintiff is entitled to deduct the remainder of KRW 3.1.5 million from the lease deposit of this case, the amount of dividends to the Defendant is KRW 3.85 million (= KRW 3.95 million) and the amount of dividends to the Plaintiff is KRW 31,09,094,219 won (= KRW 3.4,249,09,000), and the amount of dividends to the Plaintiff should be corrected respectively.

B. The Defendant notified the Plaintiff of the termination of the instant lease agreement on March 2019, and the Defendant returned KRW 3.95 million calculated by deducting KRW 1,550,000 from the monthly rent of KRW 5 million and the unpaid monthly rent of KRW 5 million for three months.