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 28, 2012, C purchased the first floor No. 101 of the building D (hereinafter “instant real estate”) from E, and completed the registration of ownership transfer on March 23, 2012. On the same day, C borrowed KRW 14 million from the Plaintiff, and completed the registration of ownership transfer on March 23, 2012, C completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) with respect to the instant real estate amounting to KRW 135 million with respect to the Plaintiff.

B. Since then, upon suspending the payment of interest on the above loan, the Plaintiff applied for a voluntary auction of real estate to the Incheon District Court B regarding the instant real estate, and the said court commenced the voluntary auction procedure (hereinafter “instant auction procedure”) on June 25, 2013 upon the said application.

C. On August 7, 2013, at the instant auction procedure, the Defendant entered into a lease agreement with the executing court by setting the lease deposit amount of KRW 28 million with C on March 30, 2012, and concluded a move-in report at that time, and claimed that he/she constitutes a small lessee under Article 8 of the Housing Lease Protection Act, who completed the move-in report at that time, and filed a report on the right and demand a distribution.

(1) On March 5, 2014, the executing court opened a distribution date, and prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes the amount of KRW 50,233,094 to the Plaintiff, who is a mortgagee, as a applicant creditor, in the first order of the Defendant who demanded a distribution as a small lessee.

(2) Accordingly, on the aforementioned date of distribution, the Plaintiff stated an objection against the total amount of dividends to the Defendant, and thereafter filed the instant lawsuit on March 12, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 4, 6 through 8, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion 1 of the parties concerned does not intend to use and benefit from the real estate of this case as a small lessee.