1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 17, 2008, the National Bank of Korea (hereinafter “National Bank”) as the creditor of the non-party corporation, the non-party corporation (hereinafter “Korean National Bank”) completed the registration of the establishment of a neighboring mortgage with the second floor of the wall-to-be sloping roof located in the Nam-gu Incheon Metropolitan City D and E (Road Name F) (hereinafter “the instant real estate”).

B. On July 9, 2008, the Defendant entered into a lease agreement with C with respect to the housing portion of the second floor and underground floor among the instant real property, with the term of KRW 10,000,000, KRW 250,000, KRW 250,000, and the term of lease from August 1, 2008 to August 1, 2010. ② As to the housing portion of the instant real property, the Defendant entered into a lease agreement with C to lease with the term of KRW 10,00,000, KRW 250,000, KRW 250,000, and the term of lease from August 1, 2008 to August 1, 2010.

(hereinafter) Each of the above lease agreements is specified as “housing lease agreement” and “family lease agreement,” and the said agreements are combined.

The Korean bank applied for an auction on the instant real estate on July 9, 2014 when the payment of principal and interest was delayed, and the decision to commence the auction on the instant real estate was made to the Incheon District Court B with respect to the instant real estate on September 3, 2014. In the said real estate auction procedure, the Defendant filed a report on the right of KRW 10,000,000 and the amount of KRW 10,000,000 with respect to the instant real estate on September 3, 2014, and the said court distributed dividends of KRW 14,00,000 to the Defendant, a lessee under the Housing Lease Protection Act and the Commercial Building Lease Protection Act, who is a small lessee under the Housing Lease Protection Act and the Commercial Building Lease Protection Act (=7,00,000 as a small lessee of the instant real estate), and the said court distributes the amount of KRW 7,00,000 as a tenant of the commercial building on May 27, 2015.