1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 26, 2006, the Defendant completed the registration of the establishment of a mortgage with respect to an apartment recorded in the separate sheet (hereinafter “instant apartment”) with respect to which the registration of ownership transfer was completed in the name of C, and the registration of the establishment of a mortgage with respect to the apartment recorded in the separate sheet (hereinafter “instant apartment”). On September 20, 2010, the Defendant completed the registration of the establishment of a mortgage with respect to the registration of the establishment of a mortgage changing the debtor into E with respect to the foregoing apartment.

B. On September 17, 2012, the Plaintiff entered into a lease agreement with C and the instant apartment with the terms of setting lease deposit amount of KRW 30,000,000,000, and the term of lease from September 25, 2012 to September 25, 2014, and completed the registration of establishment of lease deposit money of KRW 30,000,000 for the instant apartment around September 25, 2012.

C. Since April 1, 2014 regarding the apartment of this case, the registration of the decision on voluntary auction was completed to Suwon District Court B upon the Defendant’s voluntary auction application.

The above auction court determined the amount to be actually distributed around January 28, 2015, as KRW 338,721,436, which was the date of distribution, as KRW 591,940, among which the amount to be distributed to the defendant, was distributed to Young-si, the holder of the pertinent tax, who was the holder of the pertinent tax, and partly distributed the remaining KRW 338,129,496.

E. The Plaintiff appeared on the date of the above distribution, and raised an objection against KRW 30,00,000 out of the Defendant’s dividend amount, and thereafter filed the instant lawsuit on February 3, 2013, which was within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 7 and 8, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion constitutes a small lessee who satisfies the requirements under Article 8 of the Housing Lease Protection Act with respect to the instant housing, and thus, KRW 15,000,000 out of the dividend amount against the Defendant ought to be preferentially distributed to the Plaintiff.

B. The right to be preferentially reimbursed as a tenant of a small amount under the Housing Lease Protection Act even if the housing lessee completes the registration of the establishment of a right to lease on a deposit basis separately to strengthen his/her position.