1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On June 6, 2013, the Plaintiff entered into a lease agreement and completed the move-in report and the fixed date on the said real estate on June 27, 2013, on the following: (a) the deposit amount of KRW 36,000,000; (b) the lease agreement from June 27, 2013 to June 26, 2015 (hereinafter “instant lease agreement”); and (c) the move-in report and the fixed date on the said real estate on June 27, 2013.

B. As to the instant real estate in progress of the auction procedure, the right to collateral security, the maximum debt amount of which is KRW 184,000,000, was established in the name of the Defendant. However, the said Defendant, as an institution entrusted with the business of the Korea Housing Finance Corporation, filed an application for the commencement of the voluntary auction on the said real estate B, intended to commence the auction procedure on July 14, 2014.

The defendant reported the demand for distribution and the right as a lessee in the above procedure.

C. On March 17, 2015, the lower court drafted a distribution schedule to the Defendant that excluded the Plaintiff from the distribution of dividends, and distributes the remainder other than the pertinent tax to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff is a lessee entitled to the highest repayment of the instant real estate as a small lessee. As such, the Plaintiff asserts that KRW 14,000,000 corresponding to the small amount of deposit should be preferentially distributed to the Plaintiff from the sales price of the instant real estate, and sought revision of the instant distribution schedule.

In this regard, the defendant asserts that the plaintiff could not be subject to protection of the Housing Lease Protection Act because the plaintiff in collusion with D, who is a lessor and other lessee of the real estate of this case, made the appearance of the plaintiff as the tenant of the small amount.

3. As to the instant real estate, before the Enforcement Decree of the Housing Lease Protection Act was amended by Presidential Decree No. 25035, Dec. 30, 2013.