1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The costs of lawsuit shall be all principal lawsuit and counterclaim.

1. Facts of recognition;

A. On January 23, 2014, the Plaintiff entered into a lease agreement with Nonparty C on the lease deposit amounting to 40,000,000, and from January 27, 2014 to January 26, 2015 (hereinafter “instant lease agreement”) with respect to E apartment 904, 1303 (hereinafter “instant real estate”) located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, the Plaintiff entered into the said lease agreement (hereinafter “instant lease agreement”). At the same time, the Plaintiff filed the move-in report on the instant real estate and obtained a fixed date on the instant lease agreement.

B. On April 17, 2015, the Plaintiff filed an application for a report on the right and demand for distribution with the lessee who entered into the instant lease agreement at the said auction procedure. On April 17, 2015, the said court distributed KRW 60,787,366 in the order of priority to the Defendant, a mortgagee, at KRW 436,84,324, the amount to be actually distributed on the date of distribution of the said auction procedure, and prepared a distribution schedule that excluded the Plaintiff from the distribution of dividends (hereinafter “instant distribution schedule”).

C. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the entire amount of distribution of the Defendant, and filed the instant lawsuit on April 23, 2015, within one week thereafter.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 1, 2, and 8, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. (1) The Plaintiff’s assertion (1) is a genuine small lessee who entered into a lease agreement with C on the instant real estate and paid all the lease deposit, and the instant distribution schedule, except for the Plaintiff’s dividends, is unfair. The amount of the Defendant’s distribution should be reduced to KRW 25,00,000, corresponding to the small amount of deposit, and the amount of the Plaintiff’s distribution should be corrected.

(2) The plaintiff alleged by the defendant is merely a tenant of the real estate of this case or a small amount of tenant entitled to be protected by the Housing Lease Protection Act.