1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 7, 2010, in order to secure the above loan claims by lending money to Nonparty C, the Plaintiff registered the establishment of the first priority priority class registration, which was 134,000,000, for the second floor of Gyeyang-gu Incheon Building No. 203 (hereinafter “instant real estate”) owned by Nonparty D, a Sibu of Nonparty D, to secure the above loan claims.

B. On April 4, 2016, the Defendant entered into a lease agreement with D, which is KRW 23,80,000, monthly rent of KRW 200,000, and period of lease from May 21, 2016 to May 20, 2017 (hereinafter “instant lease agreement”) with regard to the instant real estate, and agreed to the following special agreement.

After that, on May 13, 2016, the Defendant made a move-in report on the instant real estate, and received a fixed date in the said lease contract.

1. The defendant shall consent to the sale of the real estate of this case within one year.

2. In the event that the instant real estate is sold and purchased, D shall pay lease deposit and director expenses to the Defendant.

3. As to the instant real property, the registration for the provisional seizure period consisting of 10,735,500 claims, and the registration for the establishment of a mortgage consisting of 134,000,000 shall be completed.

5. The registration of entry into a provisional attachment which causes 10,735,500 of the claim amount with respect to the instant real property shall be cancelled within three months from the remainder date.

C. Upon delay in the repayment of the principal and interest of a loan, the Plaintiff filed an application for voluntary auction on the instant real estate with the Incheon District Court B on October 14, 2016, and accordingly, on October 17, 2016, the voluntary auction procedure on the said real estate (hereinafter “instant auction procedure”). On November 29, 2016, the Defendant asserted that he/she is a small lessee under the Housing Lease Protection Act, and filed an application for report on the right and demand for distribution.

Of the amount to be actually distributed on October 30, 2017, the court of execution shall be 20,000,000 won (first order) and Incheon Metropolitan City, which are the delivery authority, on the premise that the defendant is a small lessee under the Housing Lease Protection Act, among the amount to be actually distributed on October 30, 2017.