1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 4, 2012, the registration of ownership preservation was completed in the name of E for multi-household D-4 multi-family housing in Daegu-gu (hereinafter “instant multi-family housing”).

B. On March 25, 2013, the Plaintiff entered into a lease agreement with E on March 25, 2013, setting the deposit amount of KRW 40 million, KRW 250,000 per month, and KRW 250,000 per month from March 25, 2013 to March 24, 2014. The Defendant entered into a lease agreement with E on May 13, 2013; and the period of KRW 50,000,000 as to the foregoing 305 from May 29, 2013 to May 28, 2015; and paid KRW 3 million per contract deposit to E on May 29, 2013, and KRW 47 million remaining on May 29, 2013.

C. As to the instant housing, a voluntary auction was commenced with the Daegu District Court C, and the Plaintiff and the Defendant filed an application for a report on each right and a demand for distribution as a lessee, but at the auction procedure, the said court prepared a distribution schedule that distributes the amount of KRW 19 million as a small lessee only to the Defendant, and excluded the Plaintiff from the distribution of dividends.

The plaintiff's agent F was present on the date of the above distribution and stated that he raised an objection against the amount of distribution to the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 4, 6, and 7, the purport of the whole pleadings

2. The Plaintiff’s assertion is the lessee who entered into a lease agreement with E, the owner of the instant housing, and occupied the said 305 housing out of the instant housing.

On the other hand, the defendant is not entitled to receive a small amount of lease deposit under the Housing Lease Protection Act, since he/she had entered into a lease agreement on the above 305, but has never resided therein.

Since the Plaintiff, upon the successful bid of the instant housing, did not receive dividends in the distribution procedure, the dividend amount of KRW 19 million against the Defendant should be deleted from the distribution schedule prepared in the said distribution procedure, and the distribution schedule should be revised to distribute the same to the Plaintiff.