1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On November 30, 2005, Nonparty D acquired No. 103 Dong-dong No. 2202 (hereinafter “instant housing”) of Ulsan-gu E building No. 103, Ulsan-gu.

B. On April 5, 2012, the Defendant completed the registration of the establishment of a neighboring mortgage, which is “the Defendant, the debtor, F, and the maximum debt amount of 100 million won,” with respect to the instant house. Around February 2014, the Defendant applied for the auction of the real estate rent based on the registration of the establishment of a neighboring mortgage, and upon the said application, the Ulsan District Court G auction of the real estate was commenced

(hereinafter referred to as the “instant auction”). C.

The Plaintiff asserted that he is a small-sum lessee with preferential right to payment under the Housing Lease Protection Act on the instant apartment, and submitted a written demand for distribution, stating as “Before the date of the lease contract, July 26, 2013, the lease deposit of KRW 18 million, the date of transfer, November 30, 2005, and July 26, 2013,” prior to the period of demand for distribution of the instant apartment.

On December 5, 2014, the instant auction court prepared a distribution schedule to the effect that the Plaintiff excluded the Plaintiff from the distribution on the date of distribution and distributes only to the Defendant, etc. who is a mortgagee.

(hereinafter referred to as the “instant distribution schedule”). E.

The Plaintiff appeared on the date of the above distribution and raised the instant lawsuit against the Defendant against the Defendant regarding KRW 18 million out of KRW 83,583,833, which was distributed to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap 1, 5, 9, 10 evidence, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s major assertion (1) The Plaintiff’s assertion (A) completed the move-in report to the instant housing owned by D, a land owner around November 30, 2005, as it is necessary to move into Ulsan as a workplace relationship.

(B) On July 26, 2013, the Plaintiff: (a) knew that D intended to lease one room among the instant housing; (b) leased as one room from D on July 26, 2013; and (b) paid the lease deposit and received a fixed date on the contract with D.

(C) The Plaintiff is a legitimate small-sum lessee who has preferential right to payment under the Housing Lease Protection Act, and is excluded from the instant dividend.