1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Basic facts

A. On May 20, 2015, the Plaintiff: (a) lent KRW 85,00,000 to Nonparty D to secure the above loan claims; (b) on August 20, 2015, on the real estate indicated in the separate sheet (hereinafter “instant real estate”), which was owned by D, on August 20, 2015, registered the establishment of the first priority class (102,000,000 for the maximum debt amount).

B. On August 28, 2015, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) between D and D with respect to the instant real estate, which is between KRW 29,00,000,000 and the lease term from August 28, 2015 to August 28, 2017, and agreed on the following special terms:

After that, on August 31, 2015, the defendant made a move-in report on the real estate in this case and received a fixed date in the above lease contract.

1. It shall be leased under the present state of facilities;

2. The right to collateral security (102,000,000 won) is established as of the date of contract.

3. The deposit amount of KRW 3,000,000 was completed on August 25, 2015 to the lessor D.

4. It is a contract to verify and conclude all documents pertaining to delegation to the lessor.

C. D delayed repayment of the principal and interest of a loan, the Plaintiff filed an application for voluntary auction of the instant real estate with the Incheon District Court C on October 14, 2016, and accordingly, on October 27, 2016, the voluntary auction procedure on the instant real estate (hereinafter “instant auction procedure”). On December 1, 2016, the Defendant asserted that it is a small lessee under the Housing Lease Protection Act, and filed an application for report on the right and demand for distribution in the instant auction procedure.

On July 30, 2018, among KRW 109,720,88, a court of execution prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) containing each of the dividends of KRW 27,00,00 (Order 1) in Gyeyang-gu Incheon Metropolitan City, the delivery authority, and KRW 123,080 (Order 2) in Gyeyang-gu, Incheon Metropolitan City, which is the delivery authority, and the Plaintiff’s amount of KRW 82,597,808 (order 3) under the Housing Lease Protection Act, on the premise that the Defendant is a small lessee under the Housing Lease Protection Act.

E. The Plaintiff appears on the date of distribution on July 30, 2018.