1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 6, 2012, the Defendant concluded a lease agreement to lease the instant building No. 205 (hereinafter “instant building”) with the term from August 26, 2012 to August 25, 2014 (hereinafter “instant lease agreement”). On the same day, the Defendant transferred the instant building from C on August 27, 2012 and completed the resident registration on the same day.

B. On May 30, 2006, the Defendant completed the registration of the establishment of a collateral security (hereinafter “instant collateral security”) with respect to the instant building on the basis of a contract to alter the maximum debt amount of the instant building at KRW 66,00,000, and on May 2, 2012, the registration of the alteration of the collateral security based on the agreement to alter the maximum debt amount of the instant building at KRW 123,50,000 was made as the principal registration.

C. On September 23, 2014, the decision to voluntarily commence the auction of the instant building was rendered on September 23, 2014 at the Plaintiff’s request. The auction court: (a) recognized the Defendant as a small lessee among the amount of KRW 117,440,95, which is the amount to be actually distributed on June 18, 2015, and drafted a distribution schedule to distribute the amount of KRW 19,184,312, the delivery authority (the pertinent tax) to the Defendant; and (b) distributed the amount of KRW 9,228 to the Defendant of the mortgagee, the mortgagee, and KRW 98,207,455, respectively.

Accordingly, the Plaintiff appeared on the date of the above distribution, and raised an objection against the full amount of the Defendant’s dividend, and filed a lawsuit of demurrer against the distribution of this case within seven days thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. As of May 30, 2006, the Plaintiff’s ground of claim, as of May 30, 2006, the scope of the small amount lease deposit under the Enforcement Decree of the Housing Lease Protection Act as of the time of establishing the instant right to collateral security, is not more than 30,000 won, and the Defendant’s deposit amount is KRW 40,000,000. Thus, the Plaintiff did not fall under the small amount lessee in relation to the instant right to collateral security.