1. The plaintiff's claim is dismissed.

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

Basic Facts

On December 27, 2013, the Plaintiff entered into a lease agreement and registered for the establishment of a right to lease on a deposit basis with C, and entered into a lease agreement with the Mayor for two years from January 3, 2014 as to the term of the contract under Article 401 of the Nam-gu Incheon Metropolitan City D (hereinafter “instant real estate”) and KRW 24 million as the lease deposit. On December 31, 2013, the Plaintiff completed the move-in report to the location of the instant real estate.

In addition, on January 10, 2014, the Plaintiff completed the registration of the establishment of chonsegwon for two years from January 3, 2014, with respect to the instant real estate, the term of 24 million won, and the term of 24 million won.

On December 27, 2013, the Defendant completed the registration of the establishment of a mortgage over the instant real estate in the amount of KRW 78 million with the maximum debt amount and KRW 38 million with the debtor C.

On October 16, 2014, the Incheon District Court voluntarily rendered a decision to commence the auction of the instant real estate on October 16, 2014, upon the Defendant’s application for the progress of the auction procedure and the preparation of a distribution schedule.

In the above auction procedure (hereinafter “instant auction procedure”), the Plaintiff submitted the following statement of claim (hereinafter “instant statement of claim”) on November 14, 2014.

【Before submitting a claim statement and a claim statement No. 6 [A] A, an auction court shall distribute KRW 66,904,536 to the Defendant on October 6, 2015, and prepare a distribution schedule that excludes the Plaintiff from the distribution of dividends (hereinafter “instant distribution schedule”).

On the date of distribution, the Plaintiff raised an objection against KRW 22 million among the amount distributed by the Defendant, and thereafter filed the instant lawsuit on October 12, 2015, within one week thereafter.

[Ground of recognition] The plaintiff's assertion that there is no dispute, Gap's statements and arguments as to Gap's 1 through 3, 7, and 8, and the purport of the whole pleadings, and the plaintiff's assertion that the distribution schedule of this case should be corrected for the following reasons.

The plaintiff paid the lease deposit amount of KRW 24 million according to the lease agreement with C, and completed the move-in report and resided therein, so the Housing Lease Protection Act is the Housing Lease Protection Act.