1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 21, 201, the Plaintiff registered the establishment of the right to collateral security (hereinafter “instant right to collateral security”) with respect to D Apartment Nos. 104, 501 (hereinafter “instant apartment”) in Manyang-gu, Manyang-gu, Mannyang-gu, the Plaintiff (hereinafter “instant apartment”), with the maximum debt amount of KRW 568,20,000, and the obligor C and the mortgagee as the Plaintiff.

B. On February 14, 2012, between C and C, the Defendant concluded a lease agreement with the term of the instant apartment from February 20, 2012 to February 19, 2014, with the lease deposit of KRW 30,000,00 for the lease deposit of KRW 1,000 for the monthly rent of KRW 1,00,000 for the rent of KRW 1,000 for each month (payment of KRW 20,00 for each month, and later payment) (hereinafter “the lease of this case”), and the contract deposit was set to be received from E-real estate with the consent of C, a lessor.

C. On February 14, 2012, the Defendant remitted KRW 10,000,000 of the instant lease deposit to F who operates E-real estate, and subsequently, remitted the remainder deposit KRW 20,000,000 and brokerage commission KRW 390,000 to F on February 16, 2012, and 2012

20. A move-in report and received a fixed date;

On June 8, 2012, the Plaintiff received a voluntary decision to commence the auction of the instant apartment from Suwon District Court, and completed the registration of the entry of the decision to commence the auction on the same day, and the auction of the said apartment (hereinafter “instant auction”).

E. In the auction procedure of this case, the defendant filed a report on the right and demand for distribution with the court of execution by asserting that he is a small lessee under Article 8 of the Housing Lease Protection Act for the apartment of this case.

F. On August 12, 2013, the court of execution prepared and presented a distribution schedule to the Defendant, the lessee of small amount of money, KRW 22,00,00,00, KRW 1,043,680 to the head of Ansan-si, the issuing authority, and to the Plaintiff, the applicant creditor and the mortgagee, who is the right to collateral security (hereinafter “instant distribution schedule”) to distribute the amount of KRW 342,189,125 to the Plaintiff. The Plaintiff raised an objection against the total amount of dividends to the Defendant.