1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On May 29, 2015, the Plaintiff entered into a lease agreement with Nonparty D (hereinafter “Nonindicted Party”), the owner of the C Apartment Nos. 513, 601 (hereinafter “instant housing”) on a deposit amount of KRW 30,00,000, monthly rent of KRW 600,000, monthly rent of KRW 600,000, and the lease period of KRW 24 months from the date of delivery of the house, and obtained the fixed date of the said contract on May 29, 2015.

B. On May 26, 2015 and May 27, 2015, the Plaintiff paid a total of KRW 30,000,000 to the Nonparty. On May 26, 2015, the Plaintiff completed resident registration as a resident of the instant housing on May 26, 2015.

C. On September 27, 2010, the Defendant completed the registration of the establishment of a mortgage on the instant housing, which was established against the debtor corporation, the amount of maximum debt amount of KRW 120,000,000, and the mortgagee’s establishment of a mortgage on the instant housing.

On July 2, 2015, the Suwon District Court rendered a registration of the decision on commencement of auction based on the voluntary decision on commencement of auction on July 1, 2015. On the date of distribution on January 19, 2016, the aforementioned court made a distribution of KRW 40,387,552 to the Defendant, who is the mortgagee, as the mortgagee, and prepared a distribution schedule with the content that the Plaintiff who demanded a distribution as the lessee did not distribute to the Plaintiff. The Plaintiff appeared on the date of distribution, and raised an objection as to KRW 20,00,000 out of the amount of distribution to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Gap evidence 10-5, 9, Gap evidence 13, Eul evidence 13, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff asserts that, as the lessee of the instant housing, the distribution schedule should be revised as stated in the purport of the claim, the Plaintiff has the right to preferentially pay KRW 20,000,000 out of the deposit under Article 8 of the Housing Lease Protection Act, as the lessee of the instant housing.

B. In order to be protected as a tenant of a small amount under the Housing Lease Protection Act, the main purpose of the actual lease agreement is to use and benefit from the housing, and Supreme Court Decision 8 May 2001.