1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On November 8, 2013, the Defendant, while lending money to C, set up a right to collateral security at KRW 78,000,000 with respect to the maximum amount of the debt regarding the movement No. 101 (hereinafter “instant real estate”) to Down-gun, Busan (hereinafter “instant real estate”).

B. The Defendant, based on the foregoing right to collateral security, filed an application for a voluntary auction of the instant real estate with this court B, and rendered a voluntary decision to commence the auction on September 23, 2014.

C. On March 24, 2014, the Plaintiff asserted that the Plaintiff was a small-sum lessee who entered into a lease contract with C with the lease deposit of KRW 18,00,000,000, and the rent of KRW 200,000 with respect to the instant real estate during the voluntary auction procedure and filed a demand for distribution.

On August 25, 2015, the court of auction prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes the amount of KRW 63,070,067 to the Defendant, who is a mortgagee, in the order of 51,420 won and 63,070,067 to the captain-gun of Busan Metropolitan City.

E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 18,00,000 out of the amount of distribution to the Defendant. On August 28, 2015, the Plaintiff filed the instant lawsuit.

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

2. Summary of the parties' arguments;

A. The gist of the Plaintiff’s assertion is the genuine lessee who entered into a lease agreement with C on the instant real estate.

Nevertheless, since the enforcement court excluded the plaintiff from the dividend by deeming the plaintiff as the most lessee, the plaintiff sought revision of the distribution schedule to receive the dividend of KRW 14,000,000 from the small lease deposit.

B. The gist of the Defendant’s assertion is the most lessee who entered into a false lease agreement with C to receive a small amount lease deposit.

3. Determination

A. The legislative purpose of the Housing Lease Protection Act is to ensure the stability of the residential life of citizens by prescribing special cases on the Civil Act with respect to residential buildings (Article 1).