1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 16, 2015, Seoul Seongdong-gu Seoul apartment F (hereinafter “instant apartment”) owned by D, a voluntary auction procedure for real estate was commenced on May 16, 2015 (hereinafter “instant auction procedure”).

B. In the instant auction procedure, the Plaintiff reported a right as a lessee and demanded a distribution.

C. Of the date of distribution of the instant auction (on July 15, 2016), a distribution schedule was formulated with the content that distributes each of the KRW 544,921,89, to the Defendant, who is the mortgagee of Seongdong-gu Seoul Metropolitan Government, the delivery authority, the amount of KRW 837,370, and KRW 544,084,529, in the second order, to the Defendant, the mortgagee of the instant auction.

The Plaintiff was not paid dividends.

On the date of distribution, the Plaintiff raised an objection against KRW 20,00,000 among the dividends against the Defendant on the said date, and filed a lawsuit of demurrer against distribution on July 22, 2016, which was seven days thereafter.

[Reasons for Recognition] Facts without dispute, Gap 2, 3 evidence, Eul 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff is a small lessee under the Housing Lease Protection Act and has the right to be paid KRW 22,00,000 in preference to the defendant.

The distribution schedule should be revised to reduce the amount of 22,00,000 won from the defendant's dividend amount and distribute the amount of 22,00,000 won to the plaintiff.

B. The Plaintiff is merely the most lessee and does not constitute a small-sum lessee subject to protection under Article 8 of the Housing Lease Protection Act.

3. In full view of the following circumstances, the Plaintiff is deemed the most lessee.

① At the time of entering into a lease agreement with D on the instant apartment (a security deposit of KRW 22,00,000, monthly rent of KRW 400,000) with D, the Plaintiff had already owned apartment (Seoul Dobong-gu G apartment H) and had resided in that apartment.

It is difficult to understand the background leading up to the lease of the apartment in this case with the apartment owned by oneself.

(2)