1. The plaintiff's claim is dismissed.

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

1. The Defendant, which is the cause of the claim, did not intend to use the leased house for profit, but rather leased the leased house as a small lessee with the knowledge of the lessor’s excess of debt C, so the Defendant does not constitute a small lessee subject to protection of the Housing Lease Protection Act.

Therefore, the distribution schedule should be revised, such as the purport of the claim.

2. Facts of recognition;

A. On September 25, 2014, C purchased from D the 180,00,000,00 of the Seo-gu Incheon apartment No. 3 Dong 113 (hereinafter “instant apartment”) of the Seo-gu Incheon, Seo-gu, Incheon. After completing the registration of ownership transfer on October 22, 2014, C completed the registration of establishment of a mortgage on the same day, and completed the registration of establishment of a mortgage on the Han-mortgage Co., Ltd., Ltd., the maximum debt amount of 14,00,000,000, and the debtor C.

B. The Plaintiff loaned KRW 18,00,000 to C on October 22, 2014, and completed the registration of the establishment of a neighboring mortgage as the obligor C with respect to the instant apartment on the same day in order to secure the principal and interest of the loan.

C. On October 31, 2014, the Defendant leased the instant apartment from C as of December 11, 2016, the deposit amount of KRW 27,500,000 (the down payment of KRW 25,500,000 on a contractual basis, and the remainder of KRW 25,50,000 on December 11, 2014) and the period from December 11, 2014 to December 11, 2016.

(hereinafter “Lease” (hereinafter) The Defendant paid the down payment of KRW 2,00,000 on the date of the instant lease to C’s deposit account, and KRW 25,500,000, respectively, on December 11, 2014, and ② on December 15, 2014, the instant lease agreement obtained a fixed date and completed the move-in report to the instant apartment on the same day, and completed the move-in report to the instant apartment on the same day. ③ The gas charges and management expenses of the instant apartment have been paid (gas charges are vary by season from the maximum amount of KRW 43,150 to the minimum amount of KRW 13,820, and the management expenses were paid normally from December 1, 2014 to April 2015, and later paid in lump sum).

The plaintiff is entitled to the apartment of this case.

Based on the right to collateral security stated in paragraph (1), Incheon District Court.