1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As a creditor of Nonparty C, the Plaintiff completed the registration of creation of a neighboring mortgage at KRW 91,00,000 with respect to Nonparty C, the mortgagee of the right to collateral security (hereinafter “instant real estate”) and KRW 501, Nam-gu, Incheon (hereinafter “instant real estate”) owned by C on December 15, 201.

B. On December 15, 201, the Defendant entered into a lease agreement with C to lease the instant real estate with the term of KRW 22,00,000 and the term of lease from December 20, 201 to December 19, 201 (hereinafter “instant lease agreement”).

C. Upon delay in paying interest, the Plaintiff filed an application for an auction on the instant real estate. On November 6, 2014, the decision to commence the auction on the instant real estate with the Incheon District Court B, and on November 26, 2014, the Defendant filed a report on the right of KRW 22,00,000 as to the instant real estate and the demand for distribution in the said real estate auction procedure. On August 11, 2015, the said court set up a distribution schedule to distribute KRW 22,00,00 to the Defendant, who is the lessee of small amount, as the lessee of small amount, in the order of August 11, 2015, and in the third order, distributed KRW 45,042,00 to the Plaintiff, who is the mortgagee, as the right to collateral security.

On August 13, 2015, the Plaintiff stated an objection to the entire amount distributed to the Defendant on the date of distribution, and filed a lawsuit of demurrer against the distribution of the instant case.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 7 evidence, Eul's 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant, claiming the Plaintiff, concluded a lease agreement with respect to the real estate on which the establishment registration of a mortgage is completed, which is the maximum amount equivalent to the transaction price of the real estate, and set the lease deposit amount at KRW 22,00,000, which is the lease deposit within the scope of protection as the lessee of small claims under the Housing Lease Protection Act. Two cases of provisional attachment concerning the instant real estate during the lease period of this case