1. The plaintiff's claim is dismissed.

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

Basic Facts

The Defendant is a corporation appointed as a trustee in bankruptcy as the new Savings Bank (hereinafter “New Savings Bank”) was declared bankrupt on October 29, 2013 by Seoul Central District Court 2013Hahap161.

The New Savings Bank established a collateral security right of KRW 383,500,000 with the maximum debt amount on December 12, 2006, in Gyeyang-gu, Incheon Metropolitan City (hereinafter “instant real estate”) No. 421, 1904, (hereinafter “instant real estate”) owned by C to secure the loan claim against C.

On August 1, 2014, on the application of the defendant for voluntary auction based on the above right to collateral security, the procedure of voluntary auction of real estate was initiated as Incheon District Court B with regard to the real estate in this case.

The Plaintiff asserted that the instant real estate was a lessee during the instant auction procedure, and filed a report on the right and demand for distribution.

On March 5, 2015, this Court prepared a distribution schedule with the content that distributes KRW 16,00,000 to Nonparty E, who demanded a distribution as a small lessee on the date of distribution, to the non-party E, and that distributes KRW 255,852,478 to the Defendant, respectively (hereinafter “instant distribution schedule”).

On the date of distribution, the Plaintiff raised an objection against KRW 16,00,000 out of the amount of dividends to the Defendant.

[Ground of recognition] The plaintiff asserts that the plaintiff is the real tenant who paid the lessor the lease deposit amount of KRW 23 million and resided in the real estate in this case, and that the lessee has the right of preferential repayment as to KRW 16 million out of the lease deposit of this case pursuant to Article 8 of the Housing Lease Protection Act.

In this regard, the defendant asserts that the plaintiff should not be recognized as a lessee separate from E, since the plaintiff is a person in a communal living relationship with E and E, and the plaintiff should be regarded as one lessee.

On April 2008, E leased the F apartment 123 Dong-gu, Bupyeong-gu, Incheon to KRW 50 million as the lease deposit, and the plaintiff who was in friendship with E.