1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 29, 2006, the Hana Bank Co., Ltd. (hereinafter “I Bank”) registered the establishment of a mortgage of KRW 786,00,000 with respect to D apartment Nos. 312, 1903, (hereinafter “the apartment of this case”) owned by Hana Bank Co., Ltd. (hereinafter “I Bank”) in order to secure the claim against Nonparty C.

B. As to the instant apartment between C on August 18, 2010, the Defendant entered into a lease contract with the lease deposit of KRW 20 million, monthly rent of KRW 1.2 million, and the period from September 15, 2010 to September 15, 2012 (hereinafter “instant lease contract”), and obtained a fixed date on August 22, 2010, and filed a move-in report on the instant apartment on September 15, 2010.

C. On March 14, 2014, when one bank did not repay C’s obligation, it applied for the auction of real estate to Suwon District Court B with respect to the instant apartment based on the foregoing right to collateral security. The above court rendered a decision to commence auction on March 17, 2014, and the Defendant filed a report on the right as a lessee and made a demand for distribution in the above auction procedure.

On the other hand, the Han Bank transferred both claims and collateral security against C to the Plaintiff, and the Plaintiff participated in the distribution as a takeover of the Han Bank in the auction procedure of this case.

E. On June 2, 2015, the aforementioned court: (a) recognized the Defendant as a small lessee of the Housing Lease Protection Act on the date of distribution; (b) distributed KRW 12,00,000 in the first order; and (c) drafted a distribution schedule to distribute the remainder of KRW 551,968,48 to the Plaintiff in the second order.

F. On June 9, 2015, the Plaintiff stated an objection to the entire amount of distribution to the Defendant on the date of the said distribution, and filed the instant lawsuit.

[Reasons for Recognition] Facts without dispute, entry of Gap 1-4, and 7 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is even if the Defendant is a small lessee.