1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. At the Defendant’s request, the mortgagee of C Apartment 104, 203, 203 (hereinafter “instant real estate”), Namyang-si, Namyang-si, the decision to commence the voluntary auction on the instant real estate was initiated, and the procedure was initiated.

B. In the above auction procedure, the Plaintiff reported a right and demanded a distribution on the premise that he is a small lessee under the Housing Lease Protection Act. The Plaintiff asserted that the instant real estate is a lessee who leased the lease deposit amount of KRW 15 million.

C. The instant real estate was sold at KRW 301,273,00. On December 10, 2014, the court of execution, which was the date of distribution, determined the amount to be actually distributed KRW 296,99,463, which was the remainder after deducting the execution expenses from the sum of the above proceeds of sale and the interest accrued therefrom. On December 10, 2014, the court of execution, which was the date of distribution, set up a distribution schedule with the content of allocating KRW 1,052,650 at Yangyang-ju, which was the holder of the right to issue the first order, and the second order with the content of allocating KRW 295,946,813 to the Defendant

Accordingly, the Plaintiff appeared on the date of distribution, and raised an objection against the Defendant regarding KRW 15 million out of the amount of distribution to the Defendant, and filed a lawsuit of demurrer against the Defendant on December 15, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 3, Eul evidence 1, the purport of the whole pleadings

2. On July 1, 2013, the Plaintiff’s summary of the Plaintiff’s assertion determined the lease deposit amount of KRW 15 million from July 1, 2013 to July 1, 2014 with respect to one room among the instant real estate without a broker, as to the lease period from July 1, 2013 to July 1, 2014. The Plaintiff entered into a lease contract to pay the remainder of KRW 15 million on the date of the contract, and the said lease deposit was paid in cash (hereinafter “instant lease contract”). As such, the Plaintiff is a genuine lessee of the instant real estate, which is the right to collateral security, in preference to the Defendant, who is the right to collateral security.