1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 2, 2015, upon the Plaintiff’s request, who was a mortgagee, with respect to D 102 of the Southern-gu Incheon Metropolitan City 1st floor (hereinafter “instant building”), the lower court rendered a decision to commence the commencement of real estate auction on March 2, 2015. On May 4, 2015, the Defendant, as a lessee, filed a report on the right and filed an application for demand for distribution with respect to KRW 22,00,000 of the lease deposit.

B. In the case of the public auction of real estate B in Incheon District Court, the above court prepared a distribution schedule with the content that: (a) the Defendant, who is the lessee (small amount) on April 27, 2016, distributes KRW 22,00,000 in the first order; and (b) the Plaintiff distribute KRW 36,231,676 in the second order.

C. The Plaintiff raised an objection against KRW 19,060,047 out of the Defendant’s dividend amount.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, and 6 (including branch numbers), the purport of the whole pleadings

2. The plaintiff's assertion is that the tenant is the most lessee or the main purpose of the lease contract is not to use the house, but to recover the claim prior to the mortgagee's priority by being protected as the tenant of a small amount, and is not protected by the Housing Lease Protection Act.

Therefore, the distribution schedule should be revised as stated in the purport of the claim.

3. Determination

A. In a lawsuit of demurrer against distribution, the plaintiff does not assert or prove the facts constituting the grounds for objection against distribution, and thus, the plaintiff who filed an objection against distribution by asserting that the other party's claim is disguised, bears the burden of proof as to such claim.

(1) In light of the legislative purpose of the Housing Lease Protection Act and the purport of the protection system for small lessee, etc., the main purpose of the lease agreement is to use and benefit from the housing, even if the obligee entered into a lease agreement with the debtor with respect to the housing owned by the debtor and resided therein after completing the move-in report.