1. The plaintiff's claim is dismissed.

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

1.The following facts do not conflict between the Parties:

C borrowed money from the Plaintiff and provided D apartment 302, 305, 305 (hereinafter “instant apartment”) to the Plaintiff as security in Si-Yung-si, Si-si.

B. Therefore, C, on March 16, 2016, concluded a mortgage agreement with the Plaintiff and the instant apartment, which is the maximum debt amount of KRW 249.6 million, the debtor C, and the mortgagee, and completed the registration of establishment of a mortgage near the same day.

C. On July 22, 2016, the Defendant leased the instant apartment from C in KRW 20 million.

On the other hand, as C was unable to repay the principal and interest of the Plaintiff properly, on July 27, 2017, the Plaintiff filed an application for voluntary auction on the instant apartment with Ansan District Court Branch, and accordingly, rendered a decision of voluntary auction on July 28, 2016.

(B) .(e);

The Suwon District Court opened a date of distribution on July 18, 2017 and distributes KRW 227,662,351, which is to be actually distributed after deducting the execution cost from the sale price of the apartment in this case, and set up and presented a distribution schedule to the Defendant, the applicant creditor and the mortgagee, who is the mortgagee of the small amount, in the first order, to distribute the remaining KRW 207,662,351 in the second order to the Plaintiff.

F. As to this, the Plaintiff raised an objection against KRW 17,106,955 out of the Defendant’s dividend amount, and filed a lawsuit of demurrer against distribution on July 24, 2017.

2. The plaintiff's assertion and judgment as to the plaintiff

A. In light of the circumstances below the purport of the Plaintiff’s assertion, the Defendant is a person who occupied and used the instant apartment for the purpose of undermining the rights of other creditors by abusing the protection provisions for small-sum lessee, and promoting one’s interest and the obligor’s interest, and thus, is not subject to protection as a small-sum lessee.

Therefore, the instant distribution schedule is written in the purport of the claim.