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

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

1. Facts of recognition;

A. On December 20, 2007, with respect to each real estate listed in the separate sheet (hereinafter “instant land and housing”) owned by D, the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 240,000,000, the debtor D and Han Bank Co., Ltd. was completed.

B. On February 10, 2008, the Defendant entered into a lease contract with D on a deposit of KRW 55,000,000 with respect to the instant housing.

C. C purchased the instant land and housing from D on April 16, 2008, and completed the registration of ownership transfer on June 4, 2008, and succeeded to the lessor’s status against the Defendant.

While the Defendant continued to reside in the instant house, on June 18, 2014, entered into a lease contract with C with a view to reducing the lease term to KRW 40,000,000 by June 17, 2016.

E. In the auction procedure of real estate B in Seoul Southern District Court as to the instant land and housing due to the application for voluntary auction by one bank, the above court: (a) recognized the Defendant as the first-class lessee on January 29, 2016; and (b) prepared a distribution schedule that distributes each of the KRW 162,083,873 by deeming the Plaintiff, the transferee of one bank, as the second-class creditor and the second-class creditor, as the second-class creditor and the second-class creditor, as the second-class creditor and the second-class creditor, as the second-class creditor and the second-class creditor

F. On February 3, 2016, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the entire amount distributed to the Defendant, and thereafter filed a lawsuit of demurrer against distribution on February 3, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 5, 8, 9, 12, 13 (including each number), the purport of the whole pleadings

2. Determination

A. As the Plaintiff is already unable to be protected as a small lessee who has the right of priority payment under the relevant laws and regulations, the Plaintiff’s primary claim is reduced to KRW 40,000,000,000, as the deposit was already concluded by the Defendant, and the deposit is reduced to KRW 40,000.