1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of the lawsuit after the filing of the lawsuit shall be the principal lawsuit and the preliminary counterclaim.

1. Determination as to the principal lawsuit

A. Under the underlying facts, the Plaintiff applied for a report on the right and a demand for distribution as a small lessee on March 10, 2015 in the case of the application for the auction of real estate rent for the instant apartment owned by B, which was conducted as the District Court D for the instant apartment on March 10, 2015, but the said distribution court distributed KRW 109,516,50 to the Defendant in the first order except for the Plaintiff from the distribution schedule. The Plaintiff did not raise any objection to the said distribution, and the said distribution schedule became final and conclusive is recognized by the respective entries in subparagraphs 2 and 6 and the entire arguments.

B. The plaintiff's assertion 1) The plaintiff's argument is that, around the plaintiff's argument, the plaintiff entered into a lease agreement with B with the above apartment amounting to KRW 15 million and paid all the lease deposit and excluded from the distribution of dividends under the Housing Lease Protection Act which actually resides in the above apartment. Thus, the defendant should return the plaintiff's unjust enrichment to the plaintiff. The plaintiff is a legitimate small lessee of the apartment of this case at the time of the voluntary auction procedure for the apartment of this case, but the plaintiff was excluded from the plaintiff's dividends due to the defendant's application for the exclusion of unjust distribution, and thereby the damage equivalent to the above lease deposit occurred to the plaintiff. Thus, the defendant shall return the plaintiff's compensation for damages caused by the above illegal act. 2) The defendant's argument that the plaintiff is the most lessee who entered into a false lease agreement with B and is the small lessee protected under the Housing Lease Protection Act, and thus, the plaintiff's claim cannot be complied with.

C. According to the evidence No. 4 of the judgment of the court below, as to the apartment of this case, the plaintiff as the lessee, and as the lessor B, the lease deposit amount of KRW 15 million.