1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On Aug. 26, 2008, C completed the registration of ownership transfer on July 19, 2008 with respect to Nos. 102, 1, 202, Nam-gu, Incheon, and one parcel, including D, and one parcel, (hereinafter “instant real estate”). On the same day, C borrowed KRW 65 million from the Plaintiff, C completed the registration of creation of a neighboring mortgage (hereinafter “instant secured mortgage”) over the instant real estate amount of KRW 84.5 million with respect to the Plaintiff.

B. Since then, upon suspending the payment of interest on the above loan, the Plaintiff applied for a voluntary auction of real estate to the Incheon District Court B regarding the instant real estate, and the said court commenced the voluntary auction procedure (the instant auction procedure) on January 22, 2014 upon the said application.

C. On February 4, 2014, the Defendant entered into a lease agreement with C on November 3, 2013, setting the lease deposit amount as KRW 21 million with respect to the instant real estate, and concluded a move-in report on November 5, 2013, and claimed that he/she is a small lessee as stipulated in Article 8 of the Housing Lease Protection Act.

1) On October 1, 2014, a court of execution opened a date of distribution on a date of distribution and distributes KRW 20,000 to the Defendant who demanded a distribution as a small lessee, and to the Plaintiff, a mortgagee, who is a mortgagee, as a applicant creditor, in the order of 3rd priority to the Plaintiff (hereinafter “instant distribution schedule”).

2) On October 7, 2014, the Plaintiff stated an objection against the total amount of dividends to the Defendant on the date of the said distribution, and filed the instant lawsuit on October 7, 2014, one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 6-1, the purport of whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion 1 of the parties concerned does not intend to use and benefit from the real estate of this case, but rather make the priority repayment as a small lessee.