A. On December 28, 2011, the Plaintiff completed the registration of the establishment of a collateral of KRW 144,300,000 with respect to the real estate listed in the separate sheet owned by C (hereinafter “instant house”).

B. On November 28, 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with C to lease the instant house from it as KRW 25 million (no rent) and the period from December 1, 2014 to December 24, 2014, and completed the move-in report to the domicile of the instant house on December 17, 2014.

C. The Plaintiff filed an application for voluntary auction with the Seoul Northern District Court B regarding the real estate owned by C, including the instant housing, and the said court rendered a decision to voluntarily commence the auction on December 18, 2014, and on the same day, the entry registration was completed.

On April 7, 2016, the Seoul Northern District Court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the Plaintiff, the mortgagee of the right to collateral security, distributes the amount of KRW 790,643,182 to the Defendant, the lessee of the instant small-sum housing, each of which is KRW 25 million.

E. The Plaintiff appeared on the date of the foregoing distribution, and stated an objection against the whole amount of the Defendant’s dividend, and filed the instant lawsuit on April 4, 2016, within seven days.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 3, the purport of the whole pleadings

2. The parties' arguments and the judgment on them

A. The plaintiff asserted that the defendant could not obtain preferential repayment as a small lessee of the Housing Lease Protection Act since the defendant did not receive the housing of this case before filing a request for auction, as the plaintiff of the parties had the opposing power under the Housing Lease Protection Act before filing a request for auction.

As to this, the defendant moved into the house of this case around August 2015, but his male-friendly Gu has been immediately after the lease of this case.