1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff set the right to collateral security (a total of KRW 50,00,000, interest rate of KRW 3% per month) against the debtor D as the secured claim with respect to the F apartment, five-story, F apartment, and five-story (hereinafter “the instant apartment”) on December 24, 2012, with respect to the loan claim against the debtor D (hereinafter “the instant apartment”), the Plaintiff set the right to collateral security (a maximum debt amount of KRW 60,000,000,000 for the maximum debt amount of KRW 15,000,000 on February 27, 2013, respectively.

B. On December 1, 2012, the Defendant entered into a lease agreement between D and the instant apartment and KRW 10,000,000, monthly rent of KRW 250,000, and occupied the said apartment on the same day and resided until August 2015.

A move-in report was made on July 22, 2013, and received a fixed date on October 20, 2014.

C. On October 8, 2014, according to the Plaintiff’s request for auction based on each of the above collective security rights, a voluntary decision to commence auction on the apartment of this case was made, and the registration on the same day was completed.

The apartment of this case was sold to the highest buyer on April 24, 2015.

On May 28, 2015, the execution court distributed 10,000,000 won out of 81,781,314 won, which is to be actually distributed on the date of open distribution, to the defendant, who is a small lessee, in the first order, and prepared a distribution schedule that distributes the remainder of 71,781,314 won to the plaintiff, a mortgagee, in the second order.

E. The Plaintiff, who appeared on the date of distribution, raised an objection to the full amount of the Defendant’s dividend, and thereafter filed the instant lawsuit on June 2, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 5, 6, Eul evidence 1, witness D's testimony, the whole purport of pleading

2. Determination on the cause of the claim

A. The summary of the argument is that the defendant only resided in the apartment of this case without paying the lease deposit to D without paying the lease deposit, and therefore there is no right to receive dividends as a small lessee under the Housing Lease Protection Act.

B. The burden of proof as to the grounds for objection against distribution in a lawsuit of demurrer against distribution is also in accordance with the principle of distribution in general civil procedure.