1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As to the housing of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant housing”), the Defendant, on December 12, 201, was established the first right to collateral security with a maximum debt amount of 180 million won from the owner D on December 12, 2011.

B. D’s application for voluntary auction on January 29, 2013, following the failure of D to repay the secured debt of the above collateral security, the Seoul Western District Court B’s auction procedure was conducted.

C. On September 1, 2012, the Plaintiff (the spouse of the type E) was the type of D, and the Plaintiff leased 1 column from D to 25 million won without rent. On September 20, 2012, the Plaintiff entered into a lease contract, and made a move-in report on the instant housing under the Resident Registration Act and obtained a fixed date on the lease contract.

On March 8, 2013, the Plaintiff reported the right to return the lease deposit amount of KRW 25 million to the executing court of the said voluntary auction case and made a demand for distribution.

E. Under the premise that the execution court is not a small lessee who is entitled to preferential dividends, the court of execution prepared a distribution schedule with the content that the amount of KRW 139,093,322 to be actually distributed on November 25, 2014 was fully distributed to the Defendant, who is the first secured mortgage, and that the Plaintiff was not distributed to the Plaintiff.

[Ground of recognition] Gap evidence Nos. 1, 2, 4 through 7, 9, Eul evidence Nos. 1 and 7, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion that the plaintiff did not have the husband's income from her husband E, and the plaintiff needs to reside in Seoul to work as a family helper, and the plaintiff paid the whole deposit by leasing one room out of the house of this case from Dong-dong D and paying the entire deposit in cash from the Dong-dong. While he was sent to the house of this case, he was living in the house of this case at the house of this case, while he was living in the house of this case, and he continued to have his own property in the room of the house of this case, he was a small amount lessee who possessed the real estate of this case.