1. The plaintiff's main claim is dismissed.

2. B and the Defendant on the first floor, 105, Dongcheon-gu C Building No. 105.

1. Basic facts

A. On May 18, 2012, the Plaintiff loaned KRW 100 million to B, and registered the creation of a mortgage over KRW 130 million with respect to the first floor Nos. 101, 105, 30,000,000,000,000,000 won as security for the said loan claim (hereinafter “instant house”).

B. On May 15, 2013, the Defendant entered into a contract to lease the instant house with the term of lease from May 31, 2013 to May 30, 2015 (hereinafter “instant lease contract”) and received a fixed date on the instant lease contract after filing a move-in report on the instant house on May 28, 2013.

C. Upon the Plaintiff’s request, on August 21, 2013, the Incheon District Court rendered a decision to commence the auction of real estate as D with respect to the instant housing on August 21, 2013, and the Defendant rendered a demand for distribution of KRW 25,00,000 in the said voluntary auction procedure on September 4, 2013.

On April 16, 2014, the above court prepared a distribution schedule that distributes 22,00,000,000 won to the Defendant and 101,776,574 won to the Plaintiff (hereinafter “instant distribution schedule”) from the amount to be distributed actually by the above voluntary auction procedure, as of April 16, 2014, and filed the instant lawsuit on April 22, 2014 after the Plaintiff raised an objection against the amount of dividends to the Defendant among the instant distribution schedule on the same date.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the main claim

A. The plaintiff's assertion asserts that the plaintiff is the most lessee who was conspired with the defendant B or the small lessee who was protected as the tenant of the small amount, and thus, it cannot be protected as a small lessee under the Housing Lease Protection Act.

B. The Plaintiff’s assertion is recognized solely on the evidence Nos. 1 through 19.