1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 14, 2010, the Defendant completed the registration of the establishment of a mortgage on the Gangdong-gu Seoul District Court D, 607 Dong 1211 (hereinafter “instant apartment”) as the Seoul Eastern District Court receipt of 1896, the maximum debt amount of KRW 494,00,000,000, and the debtor C, as the debtor C’s establishment of a mortgage.

B. As to the apartment of this case, the auction procedure of real estate was in progress (Seoul Eastern District Court B), and in the above auction procedure, the plaintiff filed a report on the right and demand for distribution by asserting that the apartment of this case is a lessee with the top priority repayment right under the Housing Lease Protection Act.

C. On June 27, 2014, a court of execution prepared a distribution schedule with the content that the plaintiff is excluded from the distribution of dividends (hereinafter “instant distribution schedule”) to the Gangdong-gu Seoul Special Metropolitan City, the holder of the first priority distribution authority, who is the amount of KRW 337,982,513, which is the date of distribution, shall distribute the remaining KRW 337,227,233 to the defendant who is the holder of the second priority distribution authority.

The Plaintiff appeared on the date of the above distribution, and raised an objection against KRW 20,000,00 among the amount of dividends against the Defendant, and filed the instant lawsuit on July 2, 2014, which was within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion entered into a lease agreement with C on March 13, 2008 with a deposit of KRW 30,000,000 for the apartment of this case, and two years from June 5, 2008 for the term of lease (the latter renewal) and continued to reside after delivery of the apartment of this case on or around June 5, 2008. Thus, the plaintiff has the right of preferential repayment as a legitimate tenant.

Therefore, the instant dividend table should be revised because the amount of KRW 20,000,000 out of the dividend amount against the Defendant is distributed to the Plaintiff.

B. As to whether the Plaintiff is a genuine lessee who entered into a lease contract with the owner of the instant apartment, the judgment was made, and as to whether the Plaintiff was a genuine lessee.