1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Since September 207, 2007, the Plaintiff owned the building Nos. 102, 107-dong Nos. 102, 107, and 102 (hereinafter “the instant real estate”). On April 4, 2014, the ownership of the instant real estate was transferred to the members construction industry on the ground of voluntary auction. The said real estate was established on April 4, 2014, with the right to collateral security worth KRW 108,000,000.

B. On July 19, 2012, the Plaintiff filed a move-in report on the instant real estate.

C. According to the Defendant’s application for the commencement of voluntary auction on the instant real estate, the discretionary auction procedure was conducted to the Busan District Court Branch B, and the Plaintiff filed a report on the right and demand for distribution as a lessee in the said procedure.

On February 15, 2016, the above court drafted a distribution schedule to the effect that the Defendant distributes KRW 102,097,105 to the Defendant, except for the Plaintiff’s dividends (hereinafter “instant distribution schedule”).

Accordingly, the Plaintiff appeared on the date of distribution, and raised an objection against KRW 20,000,00 among the amount distributed by the Defendant, and filed the instant lawsuit on February 18, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that, from July 19, 2012, the Plaintiff concluded a move-in report on the instant real estate from around July 19, 2012 and entered into a lease contract (hereinafter “the instant lease contract”) with members construction industry around May 25, 2014 with the lease deposit amount of KRW 20,00,00,00, and that, as a genuine small lessee who is protected under Article 8 of the Housing Lease Protection Act, the instant distribution schedule, except for the Plaintiff’s dividends, should be amended by deeming that the Plaintiff’s deposit amount of KRW 20,00,000, out of the Defendant’s dividend amount, should be distributed to the Plaintiff.

As to this, the defendant has entered into a lease contract for the real estate of this case.