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 December 15, 201, the Plaintiff, while lending KRW 50,000,00 to C on December 15, 201, completed the registration of the establishment of a mortgage over KRW 65,00,000 on the first floor of Seo-gu Incheon Metropolitan City (hereinafter “instant real estate”).

B. (1) The Plaintiff filed an application for a voluntary auction of real estate with the Incheon District Court B regarding the instant real estate, as it was unable to receive the repayment of the principal and interest of the loan from C, and the decision on commencing auction of the instant real estate was issued on February 21, 2013 (hereinafter “instant auction procedure”).

(2) On December 2, 2011, the Defendant concluded a lease contract (hereinafter “instant lease contract”) with respect to the instant real estate between C and C by setting the lease deposit amount of KRW 22,00,000, and the period from December 19, 201 to December 19, 2012, and filed a report on the right and demand for distribution with the court of execution by asserting that the move-in report was completed on December 20, 201.

(3) On January 21, 2014, the enforcement court: (a) determined that the Defendant is a small lessee under the Housing Lease Protection Act; (b) prepared a distribution schedule stating that KRW 18,585,937 out of KRW 37,171,873 ought to be actually distributed to the Defendant; and (c) the Plaintiff, the applicant obligee, as the applicant obligee, paid each of the dividends of KRW 18,585,936 (hereinafter “instant distribution schedule”); and (d) the Plaintiff raised an objection against the total amount of dividends to the Defendant on the date of distribution.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5 through Gap evidence 7, Gap evidence 9, the purport of the whole pleadings

2. Determination as to the claim of demurrer against distribution

A. The plaintiff's assertion is asserted as follows, and the defendant is the most lessee who entered into a lease agreement for the purpose of receiving a dividend in the auction procedure of this case or has lost opposing power stipulated in the Housing Lease Protection Act. Thus, 18,585,937 won distributed to the defendant among the distribution schedule of this case shall be distributed to the

(1) The instant case.