1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On January 26, 2016, E completed the registration of creation of a neighboring mortgage with respect to the F building G (hereinafter “instant real estate”) of Sejong Special Self-Governing City, one of its owners, KRW 169,00,000, the maximum debt amount of which is KRW 169,000,000, the mortgagee of the right to collateral security,

B. On January 25, 2018, the Plaintiff filed an application for voluntary auction with the court D regarding the instant real estate and rendered a decision to commence voluntary auction on January 25, 2018.

C. On March 31, 2017, the Defendant entered into a lease agreement with E on KRW 20,000,000 with respect to the instant real estate, and the following are stated in the terms of the special agreement:

On the other hand, on March 22, 2016, the Defendant moved to the instant real estate.

1. Renewal of an existing contract (payment of a security deposit for free on March 2016 as the withdrawal cost of an auction or seizure);

2. The head of the F Industrial Complex Management Office is employed as one million won per month from July 16, 2015 to one million won for working conditions and three million won for fire-fighting management expenses (replacement of the balance of 16 million won for 16 months until November 2016).

3. Expenses for release from seizure on March 31, 2017 (H Co., Ltd. filed an application for the commencement of compulsory auction on the instant real estate with the court J of this Court for the commencement of compulsory auction on August 23, 2016, but the decision to commence compulsory auction was revoked on April 5, 2017, but the decision to commence compulsory auction was revoked on April 5, 2017; 4 million won with the representative I)

D. In the above auction procedure, on November 28, 2018, the executing court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the Plaintiff, a mortgagee, shall distribute KRW 101,835,115 to Sejong Special Self-Governing City, the first priority lessee, KRW 975,640, and KRW 15,640, and KRW 100,000, and KRW 115,00 to the Defendant, the second priority lessee, the second priority lessee, in the order of priority to distribute the amount to be actually distributed (hereinafter “instant distribution schedule”).

E. The Plaintiff appeared on the date of distribution, and raised an objection to the total amount of distribution to the Defendant, and filed the instant lawsuit on December 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff alleged by the parties is the most lessee of the defendant, and the defendant is the defendant.