A. On May 16, 2011, the Plaintiff entered into a mortgage agreement with C as to the apartment of the instant case with C, the obligor C, the maximum debt amount of KRW 39,00,000,00, and completed the registration of creation of collateral security.

B. The Plaintiff filed an application for a voluntary auction of real estate related to the instant apartment on February 8, 2013, when C did not repay its debt, and the Plaintiff voluntarily decided to commence auction from this court on February 8, 2013, but this court revoked the voluntary decision to commence auction on September 26, 2013 on the ground that it was a surplus.

C. On October 25, 2013, the instant court rendered a voluntary decision to commence the auction of real estate rent on the instant apartment of the National Bank Co., Ltd., the first secured mortgage, B.

On December 6, 2013, the Defendant asserted that the instant apartment was a lessee who paid a deposit of KRW 26 million with respect to the instant apartment at the auction procedure, and filed a report on the right and demand for distribution.

In addition, on July 7, 2014, the defendant submitted a statement of difference payment that he was awarded the apartment of this case at KRW 237,900,000 after bidding at the above auction procedure, and that he would pay the remaining successful bid price after deducting the amount he was paid from the sale price on the same day.

E. On August 19, 2014, the instant court prepared a distribution schedule with the content that distributes the amount of KRW 19 million to the Defendant, who demanded a distribution as a small lessee on the date of distribution, in the order of 19 million, and 2,738,914 to the Plaintiff, a mortgagee, in the fourth order. (hereinafter “instant distribution schedule”).

F. Accordingly, on the date of the above distribution, the Plaintiff raised an objection to the whole amount of dividends to the Defendant, and thereafter filed the instant lawsuit on August 25, 2014.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 4, 5, 6, and 23, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted the primary claim, where the Defendant satisfied the requirements for setting up against the Defendant to protect the lessee of small amount, he/she shall abuse the Housing Lease Protection Act to recognize the right to preferential payment.