1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 15, 2009, the Defendant filed an application for auction of the Defendant, on the Seo-gu Incheon D, Seo-dong 302, Seo-gu, Incheon (hereinafter “instant housing”), completed the registration of creation of a mortgage over the maximum debt amount of KRW 14 million, and thereafter, on July 23, 2013, the Defendant rendered a voluntary decision to commence auction on the instant housing (hereinafter “instant auction procedure”) on July 23, 2013.

B. During the instant auction procedure, the Plaintiff filed a report on the right and a demand for distribution with the court of execution by asserting that the Plaintiff was a small lessee of the instant housing under Article 8 of the Housing Lease Protection Act.

On June 26, 2014, at the instant auction procedure, a court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content of distributing KRW 38,205,671, the total amount of dividends to the Defendant, who is the applicant creditor and the mortgagee, who is the right to collateral security, as the date of distribution.

Accordingly, on the date of distribution, the Plaintiff stated an objection against KRW 19,102,835, out of the dividend against the Defendant, and filed the instant lawsuit on July 2, 2014, within one week thereafter.

[Grounds for recognition] The items in Gap evidence 10, 11, Eul evidence 1, and the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion 1) On January 8, 2012, the Plaintiff concluded a lease agreement with C to set the lease deposit amount of KRW 20 million with respect to the instant housing and paid the lease deposit, and thereafter, the Plaintiff is a legitimate lessee who had lived normally after completing the move-in report on the instant housing. Nevertheless, given that the Plaintiff could not receive dividends of KRW 19,102,835 from the auction procedure due to the total dividends paid to the Defendant, the amount of dividends of KRW 38,205,671 against the Defendant should be corrected to KRW 19,102,836, and the amount of dividends to the Plaintiff should be adjusted to KRW 19,102,835, respectively. 2) The Defendant’s assertion that the Plaintiff asserted that the Plaintiff is the largest lessee of the instant housing or the Housing Lease Protection Act.