1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On April 3, 2014, the Plaintiff lent KRW 69,00,000, and KRW 23,000,000 to C respectively, and completed the registration of establishment of each of the instant apartment owned by C as to the instant apartment owned by C on the same day (hereinafter “mortgage”).

B. On January 3, 2015, the Defendant concluded a lease agreement with C to lease the instant apartment (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 27,000,000, monthly rent of KRW 100,000, and the lease period of KRW 120,000 from January 12, 2015 to January 11, 2017.

On January 13, 2015, the Defendant completed a resident registration transfer report on the instant apartment on January 13, 2015, and obtained a fixed date in the lease contract on January 15, 2015.

C. 1) Since December 26, 2014, C delayed interest on the said loan from around December 26, 2014, and upon the Plaintiff’s application, the procedure for the auction of real estate on the instant apartment as to March 19, 2015 (hereinafter “instant auction procedure”).

(2) On April 9, 2015, the Defendant reported the right as a housing lessee and made a demand for distribution in the instant auction procedure.

3) On February 16, 2016, a court of execution distributes KRW 26,100,000 to the Defendant on the date of distribution on the ground that the Defendant is the first-class lessee on the date of distribution, and distributes KRW 76,431,763 to the Plaintiff on the ground that the Plaintiff is the fourth-class creditor (the mortgagee) (hereinafter “instant distribution schedule”).

(4) The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the entire amount of distribution to the Defendant, and filed a lawsuit of demurrer against distribution on February 19, 2016.

[Reasons for Recognition] Items A, 1 through 4, 6, 7, 9, 10, 10, 10, 10, 10, 1, and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff's assertion 1) although the defendant formally satisfies the requirements of small lessee under the Housing Lease Protection Act, the defendant intends to use and benefit from the apartment of this case for the purpose of real residence.