1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On October 26, 2012, C completed the registration of ownership transfer for the second floor D No. 203 (hereinafter “instant real estate”) on the ground of sale and purchase on September 10, 2012, Nam-gu, Incheon, Incheon, and completed the registration of ownership transfer for the instant real estate (hereinafter “instant real estate”). On the same day, C borrowed KRW 49 million from the Plaintiff, and completed the registration of ownership transfer for the instant real estate with the maximum debt amount of KRW 59 million (hereinafter “instant secured mortgage”).

B. Since then, upon suspending the payment of interest on the above loan, the Plaintiff applied for a voluntary auction of real estate to the Incheon District Court B regarding the instant real estate, and the said court commenced the voluntary auction procedure (hereinafter “instant auction procedure”) on August 6, 2013 upon the said application.

C. (1) At the instant auction procedure, the Defendant asserted that himself is a small lessee under the Housing Lease Protection Act, and filed a report on the right and demand for distribution at the court of execution. On May 28, 2014, the court of execution opened a date of distribution on the date of distribution on May 28, 2014, the Defendant, as a small lessee, prepared a distribution schedule with the content that distributes the amount of KRW 21,903,589 in the order of priority to the Plaintiff, who is the applicant creditor, the right to collateral security (hereinafter “instant distribution schedule”).

(2) Accordingly, on the date of the above distribution, the Plaintiff stated an objection against the total amount of dividends to the Defendant, and thereafter filed the instant lawsuit on June 3, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 4, 6 through 8, and the purport of the whole pleadings

2. Determination as to the cause of action

A. 1 Plaintiff’s assertion by the parties does not intend to use and benefit from the instant real estate, but is merely the most lessee who entered into a lease agreement on the instant real estate in the form of a small-sum lessee C in order to receive the top priority repayment.

Therefore, since the above dividends against the defendant are illegal, the distribution schedule of this case is distributed to the defendant.