1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 20, 2010, the Defendant lent KRW 71 million to C as collateral, and completed the registration of the establishment of a neighboring building to the obligor C as the registration office of the Incheon Central District Court, No. 22061, May 20, 2010, with respect to the fourth floor of the building D, Jung-gu Incheon Central District Court (hereinafter “instant real estate”).

(hereinafter “instant collateral security”). B.

On January 3, 2013, the Plaintiff leased the instant real estate from C with the lease deposit amount of KRW 50,000,000, the lease term of KRW 24 months from January 27, 2013 (hereinafter “instant lease contract”) and completed the move-in report on resident registration on the same day and received the fixed date.

C. On December 24, 2014, at the Defendant’s request, the voluntary auction procedure was initiated to the Incheon District Court B regarding the instant real estate.

On June 24, 2016, on the date of distribution implemented on June 24, 2016, a distribution schedule was drawn up with the content that the mortgagee distributes KRW 75,739,201 to the Defendant, who was the mortgagee, and that the mortgagee did not distribute to the Plaintiff.

On June 30, 2016, the Plaintiff raised an objection against KRW 20 million out of the Defendant’s above dividend amount, and filed the instant lawsuit on June 30, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion was excluded from dividend on the ground that the Plaintiff is not a small-sum lessee under the Housing Lease Protection Act.

Although the instant real estate is located in the Incheon Free Economic Zone and is not in the overconcentration control region in the metropolitan area, it is clear that it belongs to Incheon Metropolitan City, the Plaintiff’s lease deposit should also be included in “50 million won as prescribed by Article 4 subparag. 2 of the Enforcement Decree of the Housing Lease Protection Act, which is applied as of May 20, 2010 as of which the instant collateral security was established.”

Therefore, the plaintiff is the tenant of small amount, and the above lease deposit is more than KRW 50 million.