1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The New Bank Co., Ltd. completed the registration of creation of a new mortgage in relation to the Incheon D apartment No. 401, 1802 (hereinafter “instant real estate”) owned by Nonparty C, the maximum debt amount of which is KRW 347,760,00, and the debtor E.

B. The New Bank Co., Ltd. is a new bank with respect to the instant real estate.

Based on the right to collateral security stated in the claim, Incheon District Court B applied for a voluntary auction of real estate, and the above court rendered a voluntary decision to commence auction on November 25, 2014.

(hereinafter the above auction procedure is referred to as “instant auction procedure”).

On the other hand, on August 27, 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with Nonparty C and the instant real estate by setting the lease term as between October 2, 2014 and October 1, 2016 (hereinafter “instant lease agreement”).

On September 9, 2015, the court prepared a distribution schedule (hereinafter “instant distribution schedule”) under which the Plaintiff (applicant creditors and collateral security holders) who was the transferee of a new bank in the second priority order, who made a demand for distribution as a small lessee on the date of distribution, and the Plaintiff (applicant creditors and collateral security holders) who was the transferee of a new bank in the second priority order, distributes each amount of KRW 280,99,294 (hereinafter “instant distribution schedule”).

E. On September 15, 2015, the Plaintiff raised an objection to the entire amount of distribution to the Defendant on the date of the said distribution, and thereafter filed the instant lawsuit on September 15, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 4, the purport of the whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion asserts that the Defendant, as the most lessee, should rectify the amount of KRW 22,00,000 against the Defendant out of the instant distribution schedule as KRW 0.00. The Plaintiff’s claim that the amount of dividends of KRW 280,99,294 against the Defendant should be revised as KRW 302,99,294.

B. The legislative purpose of the Housing Lease Protection Act is to ensure the stability of the residential life of citizens by prescribing special cases on the Civil Act concerning residential buildings.