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 March 29, 2016, the Plaintiff completed the registration of the establishment of a mortgage on the real estate owned by D (hereinafter “instant real estate”) with a loan of KRW 47 million with the household housing fund at KRW 4.057% per annum (19% per annum) and with a maturity of payment as of March 29, 2019, and with respect to the real estate in the attached list owned by D (hereinafter “instant real estate”), the Plaintiff completed the registration of the establishment of a mortgage on the attached list owned by D (hereinafter “the instant real estate”).

(hereinafter “instant collateral security”). The Plaintiff applied for a voluntary auction of real estate to Incheon District Court C based on the instant collateral security, and the said court rendered a voluntary decision to commence the auction on July 20, 2017.

(hereinafter referred to as “instant auction procedure”). B.

On March 29, 2016, the Defendant entered into a lease agreement between D and D with regard to the instant real estate with a lease deposit of KRW 23 million, term of lease from March 29, 2016 to March 28, 2018 (hereinafter “instant lease agreement”).

C. On August 1, 2018, on the date of distribution implemented on August 1, 2018, the said court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content of allocating KRW 19,421,174 to the Defendant, who demanded a distribution as a small lessee among KRW 38,973,627, the amount to be actually distributed, and KRW 19,486,813, in the order of priority, to the Plaintiff, who is the applicant creditor and the right to collateral security (hereinafter “the instant distribution schedule”).

On August 8, 2018, the Plaintiff raised an objection against KRW 19,486,813 of the dividend amount against the Defendant on the date of distribution, and thereafter filed the instant lawsuit on August 8, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 3 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the Plaintiff’s assertion is (i) the Defendant is the most lessee, and the instant lease agreement is based on a false agreement between E and the Defendant or an anti-social legal act.

Even if not, the defendant has the right to preferential payment of the Housing Lease Protection Act.