1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 22, 2016, at the request of the Plaintiff, who is a mortgagee, the mortgagee of the right to file a report on the right of KRW 21,00,000 as the lessee on June 7, 2017, the Defendant filed an application for a report on the right of KRW 21,00,000 for the lease deposit and the demand for distribution.

B. On June 21, 2017, the above court made a distribution schedule to distribute KRW 21,00,000 to the Defendant, a lessee of small amount, and KRW 34,895,305 to the Plaintiff in the order of priority.

C. The Plaintiff raised an objection against KRW 18,122,587 out of the Defendant’s dividend amount.

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

2. The Plaintiff asserted that he leased the instant house from C on February 16, 2016 to KRW 21,00,000, and the Defendant claimed a distribution. ① The location of the licensed real estate agent office (Yincheon-gu E) in which the instant lease agreement was made is not a place near the Defendant’s domicile (Seocheon-gu) but is not a location near the lessor’s domicile (Songcheon-gu, Nam-gu), and there is doubt about the preparation process; ② the instant lease agreement was concluded at the time of filing a request for auction; ③ the first period of demand for distribution was designated as the date of filing a request for auction; ③ the lessee’s notice reached the Defendant on July 6, 2016, but the Defendant sought a request for a distribution from June 8, 2017 to postpone the lease agreement with the first lessee on the basis of the lease agreement’s main purpose, not the first lessee’s right to demand a distribution, but the second lessee’s right to demand a distribution.