1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C is the owner of “Saju-si E Apartment No. 102, No. 1403, 1403, 102, and 1403 (hereinafter “the instant apartment”). The Defendant extended a loan to C, and the Defendant completed the registration of creation of a neighboring mortgage against C and the debtor as the defendant with respect to the said apartment as security.

B. Upon delay in the principal and interest of C, the Defendant filed an application for commencement of auction on the instant apartment with respect to the instant apartment with the Goyang District Court (Seoul District Court High Court High Court High Court High Court Branch B), and the said court accepted the application and registered the decision to commence auction on November 6, 2015.

C. On May 10, 201, the Plaintiff filed an application for a report on the right and a demand for distribution in the said auction procedure with the purport to the effect that “A lessee is a small lessee under the Housing Lease Protection Act who completed a move-in report on May 16, 201, to lease the instant apartment from C in KRW 40,000,000, and is a lessee of the said apartment.”

On July 7, 2016, a court of execution prepared a distribution schedule which excludes the Plaintiff from the amount of KRW 237,926,996, which is to be actually distributed, and distributes the amount of KRW 236,065,476 to the Defendant (other than partial taxes).

hereinafter referred to as "the distribution schedule of this case"

E) The Plaintiff appeared on the date of distribution, and raised an objection against KRW 14,00,000 out of the Defendant’s dividend amount, and filed the instant lawsuit within seven days thereafter. The Plaintiff’s ground for recognition: (a) the fact that there was no dispute; (b) Gap’s evidence Nos. 1, 2, 3, and 5 (each number is included; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. Summary of the parties' arguments;

A. The Plaintiff constitutes a legitimate small-sum lessee as prescribed by the Housing Lease Protection Act, and was not paid dividends at all even though it was paid in the first order. As such, among the Defendant’s dividends which are the last order under the instant distribution schedule, the Plaintiff deleted KRW 14,00,000, which is recognized as the highest repayment right under the said Act.