1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C, on April 30, 2004, purchased No. 5, 206, Dong-dong 206 (hereinafter “instant apartment”) located in Yong-si, Nam-si, Seoul, and completed the registration of ownership transfer.

B. On May 29, 2014, at the request of the Bank, which is the right to collateral security on the apartment of the instant apartment, the voluntary auction had been initiated on May 29, 2014.

The plaintiff asserted that he is a small lessee under the Housing Lease Protection Act in the above auction procedure, and filed a report on rights and demand for distribution.

C. On May 26, 2015, the executing court distributed the Defendant, who is the applicant creditor, KRW 47,127,288, and KRW 103,845,837, respectively, to the Defendant, who is the applicant creditor, and the Plaintiff prepared a distribution schedule that is not distributed to the Plaintiff, and the Plaintiff raised an objection as stated in the purport of the claim among the dividends against the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 16 and 17, the purport of the whole pleadings

2. Determination as to the cause of claim

A. Before the registration of the decision on commencing the instant auction was made, the Plaintiff’s assertion was excluded from dividends even though the lessee has the right of priority repayment under the Housing Lease Protection Act by concluding a lease agreement with C and the instant apartment before the registration of the decision on commencing the auction, and thereby seeking correction thereof.

B. The burden of proof as to the grounds for objection against distribution in a lawsuit of demurrer 1 is in accordance with the principle of distribution of the burden of proof in general civil procedure. Therefore, in a case where the Plaintiff asserts that he/she has the right of priority repayment as a small lessee, he/she is responsible

On the other hand, since the lease is the basic content of the contract to allow the lessee to use the object and make profits from it, the creditor is required to lend the existing claim in the form of a housing lease contract to obtain preferential repayment by acquiring opposing power under the Housing Lease Protection Act, and as a housing lease by completing the delivery of a house and resident registration.