1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On February 21, 2008, the Plaintiff completed the registration of creation of the right to collateral security (hereinafter “instant apartment”) with respect to the building indicated in the attached list, which was owned by C (hereinafter “instant apartment”) and owned by C, with the maximum debt amount of KRW 384,00,000,000, and the debtor C and the right to collateral security (hereinafter “instant

B. On December 16, 2013, the Defendant concluded a lease agreement (hereinafter “the lease of this case”) with C, setting the lease deposit of KRW 10,000,000 for the instant apartment, monthly rent of KRW 1,200,000, and the term of lease from December 29, 2013 to December 28, 2014.

C. On January 2, 2014, the Defendant received a fixed date and completed a move-in report on the same day, and transferred it to another address on October 22, 2014, but completed the move-in report again on May 6, 2015.

On July 26, 2016, the Busan District Court rendered a voluntary decision to commence the auction on the apartment of the instant apartment on July 26, 2016, and on August 24, 2016, the Defendant made a demand for distribution as a creditor who returned the lease deposit.

E. On February 10, 2017, the above court drafted a distribution schedule with respect to the Defendant as a small lessee, and 10,000,000 won as an applicant creditor, and 320,863,888 won as an applicant creditor. The Plaintiff appeared on the date of distribution and raised an objection to the whole amount of dividends against the Defendant during the said distribution schedule, and filed the instant lawsuit on February 16, 2017, which is seven days or less.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 3 (including each number), the purport of the whole pleadings

2. Judgment on the main claim

A. The Plaintiff’s assertion 1 Plaintiff (1) concluded the instant lease agreement by pretending to abuse the Housing Lease Protection Act on the protection of small-sum lessee, instead of concluding the instant lease agreement for the purpose of using and making profits from the instant apartment for the practical purpose of residence, and thus, it does not constitute a small-sum lessee under the aforementioned Act.

② The instant lease agreement constitutes a fraudulent act.