1. The plaintiff's claim is dismissed.

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

1. In the auction procedure stated in the purport of the claim concerning Supo-si 501 (hereinafter “the apartment of this case”), which is the C owner of the instant distribution schedule, the Defendant filed a report on the right and demand for distribution with the court of execution by asserting that he is a small lessee under Article 8 of the Housing Lease Protection Act against the apartment of this case, and the Plaintiff filed a report on the right and demand for distribution with the court of execution by asserting that C had a credit card use fee claim of KRW 6,095,235.

On May 21, 2015, the execution court set up and presented a distribution schedule of KRW 8,00,000 to the Defendant, who is the lessee of small amount, who is the date of distribution, and did not distribute to the Plaintiff (hereinafter “instant distribution schedule”). The Plaintiff raised an objection against the total amount of dividends to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Gap evidence No. 15 and 16, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant prepared a lease contract for the purpose of receiving a dividend in the auction procedure of this case, but did not enter into an actual lease contract or paid a security deposit as a lessee, and therefore, the distribution schedule of this case should be corrected.

On June 9, 2014, the defendant paid the lease deposit of KRW 15,00,00 and leased KRW 15,000 among the apartment of this case from E, the wife of C on June 9, 2014, and then completed the move-in report and resided therein. Therefore, he asserts that he is the small lessee of the apartment of this case.

B. As to whether the Defendant entered into a lease agreement with respect to the instant apartment.

Comprehensively taking account of the evidence Nos. 7, 3, 4, and 5 (including family numbers), and the testimony and the overall purport of the pleadings by witnesses E, the facts that E, a wife of C, decided to lease part of the apartment of this case and introduced the Defendant, who is a friendly branch through friendly Gu, as it is necessary to rent out part of the apartment of this case, and that E, a defendant.