1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. With respect to the land-to-land B of Jung-gu Incheon Metropolitan City (hereinafter “instant real estate”), the registration of creation of the right to collateral security (hereinafter “mortgage”) was completed under the name of D on April 14, 2010. On the same day, the maximum debt amount of KRW 92,30,000, the mortgagee, the Defendant of the right to collateral security, and the debtor D (hereinafter “instant collateral security”) was completed.

B. On June 28, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with D to lease the instant real estate as KRW 50,000,00,000, and with the period of lease from June 28, 201 to 24 months from June 28, 2011. The Plaintiff completed the registration of lease on a deposit basis on July 4, 201 for the security of the said lease deposit, and filed a move-in report on the resident registration of the instant real estate on March 9, 2012.

C. Upon the Defendant’s application, the procedure of voluntary auction was initiated to the Incheon District Court B regarding seven real estate including the instant real estate, and on the date of distribution implemented on June 24, 2016, the distribution schedule stating that “the Defendant received dividends of KRW 69,754,016 as a mortgagee of the instant real estate and excluded the Plaintiff from the dividends.” The Plaintiff raised an objection against the said dividends on the date of distribution.

【Ground for Recognition: Facts without dispute, Gap 1, 2, 4, 5 evidence, Eul 1, and the purport of the whole pleadings】

2. The assertion and judgment

A. The Plaintiff’s assertion was excluded from the distribution of dividends on the ground that the Plaintiff is not a small-sum lessee under the Housing Lease Protection Act, and the instant real estate is not an over-concentration control region in the Seoul Metropolitan area, but it is clear that it falls under Incheon Metropolitan City, and thus, the Plaintiff’s lease deposit should also be included in the “five million won” under Article 4 subparag. 2 of the Enforcement Decree of the Housing Lease Protection Act, which is applied as of May 20, 2010, which is applied as of May

Therefore, 17 million won out of the lease deposit of this case 50 million won is small lessee.