1. The plaintiff's claim is dismissed.

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

Basic Facts

On December 10, 2014, with respect to D Apartment No. 101, 1404 (hereinafter the apartment of this case), owned by C, the procedure of the auction of real estate was initiated as Seoul Northern District Court B on December 10, 2014.

On February 4, 2015, which was prior to the type of demand for distribution ( February 19, 2015), the Defendant filed a report on rights as a small lessee at the above auction court and filed an application for demand for distribution.

On November 5, 2015, the above auction court prepared a distribution schedule with the content that distributes the amount of KRW 20,000,000 to the Defendant, who is the lessee of small claims, and KRW 553,87,540 to the Plaintiff, who is the mortgagee of the right to collateral security, in the third order.

On November 5, 2015, the Plaintiff raised an objection against the Defendant’s amount of KRW 20,000,000 on the date of distribution, and filed a lawsuit of demurrer against the distribution on November 11, 2015, which was within one week thereafter.

【Unfounded grounds for recognition】 In full view of the facts stated in the evidence No. 1, Gap evidence No. 1, Gap evidence No. 7, and the purport of the entire pleadings No. 1, 2, and 4, the defendant concluded a lease contract with his family members during the period from August 8, 2014 to August 7, 2016, taking into account the following: (a) the defendant paid 30,000,000 deposit money and the apartment of this case as the intermediary of the E Licensed Real Estate Agent Office on July 17, 2014; (b) the defendant paid 3,00,000 won as the deposit money and the monthly rent No. 40,000 won (which shall be 4,00,000 won as the advance payment for 10 months to August 17, 2014; and (c) the defendant paid 00,000 won as the deposit deposit and the remaining 10,000 won as the deposit account of this case;

According to the above facts, it is reasonable to view that the defendant is a small-sum lessee under Article 8 of the Housing Lease Protection Act, unless there are special circumstances.