1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In the Ulsan District Court C’s voluntary auction of real estate in progress with the Defendant’s application, the Plaintiff asserted as the lessee of building D (Ulsan-gu, Ulsan-gu, Ulsan-gu) and 201 (hereinafter “instant building”) in Ulsan-gu, Seoul-gu, and claimed a demand for distribution of KRW 35 million for lease deposit. However, the Ulsan District Court excluded the Plaintiff on May 17, 2017, and drafted a distribution schedule with the content of dividends to the Defendant, who is the third mortgagee, as described in the purport of the claim.

B. On the date of the above distribution, the Plaintiff raised an objection against KRW 19 million out of the amount distributed to the Defendant, and on May 24, 2017, filed a lawsuit of demurrer to the distribution of this case, and on the same day, submitted the evidence of filing a lawsuit to the executing court.

[Ground of recognition] Unsatisfy, Gap evidence 1, significant facts in this court, purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserted that, on March 16, 2015, the Plaintiff is the genuine lessee who entered into and resided in a lease agreement with the owner F of the instant housing at KRW 35 million and the lease deposit, and thus, the Plaintiff asserts to the effect that out of the amount of dividends against the Defendant, KRW 19 million under the Housing Lease Protection Act should be distributed to the Plaintiff.

B. Each statement of No. 1-18 of the Plaintiff’s submission of judgment alone is difficult to recognize that the Plaintiff is a genuine lessee of the instant housing, and there is no other evidence to acknowledge it otherwise.

Rather, each of the above evidence or evidence Nos. 1 through 5 can be acknowledged by comprehensively taking into account the purport of the entire pleadings: (i) the preparation process of the instant lease agreement (Evidence No. 2); (ii) the name and the different seal is affixed at the time of entering into the instant lease agreement; (iii) the Plaintiff’s transfer date; (iv) the date of the Plaintiff’s transfer; and (v) the fact that the provisional registration of the right to claim ownership transfer in the instant housing was established at the time of entering into the lease agreement.