1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On December 9, 2010, the Plaintiff, while lending KRW 107,00,000 to C on the same day, completed the registration of the establishment of a neighboring mortgage (hereinafter “mortgage”) of KRW 139,10,000 with respect to the instant real estate on the same day in order to secure the claim for the said loan.

B. After that, C did not pay interest on the above loan obligation, the Plaintiff filed an application for a voluntary auction of real estate rent with the Incheon District Court for the instant real estate based on the instant collateral security, and on September 16, 2013, the voluntary auction procedure (hereinafter “instant auction procedure”) was commenced regarding the instant real estate.

C. In the instant auction procedure, the Plaintiff submitted a claim statement of KRW 131,413,825, including the principal amount of KRW 107,00,000 and interest of KRW 24,413,825, and the Defendant, as the lessee of the instant real estate, claimed that there was a claim for the return of lease deposit amount of KRW 23,50,000,000, and filed a report on the right and demand for distribution. In allocating KRW 117,70,109, the court of execution, on March 11, 2014, distributed the amount of KRW 117,770,109, to the Defendant who applied for a demand for distribution as a small lessee, the court of execution prepared a distribution schedule that distributes KRW 22,00,00 to the Plaintiff as the mortgagee, and KRW 395,63,889, respectively (hereinafter “instant distribution schedule”).

Accordingly, on the date of the above distribution, the Plaintiff raised an objection against the whole amount of dividends to the Defendant, and thereafter filed the instant lawsuit on March 14, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary assertion is that the Defendant, in collusion with C, entered into a false lease agreement on the instant real estate in order to receive a small amount lease deposit under the Housing Lease Protection Act, or can be protected under the Housing Lease Protection Act.