A. On May 24, 2013, the Plaintiff, while lending KRW 38 million to C, set up the right to collateral security with respect to the instant real estate worth KRW 49 million with respect to the Plaintiff, the debtor, and the maximum debt amount.

B. According to each of the above evidence by the real estate brokers on July 29, 2013, the Defendant is presumed to be “E” as a real estate agent. However, since the Defendant does not specify who is a real estate broker, it is referred only to as “real estate broker.”

B. The Plaintiff entered into a lease agreement to lease the instant real estate with the lessor as C during the period from August 1, 2013 to August 1, 2015 (hereinafter “instant lease agreement”) and completed the move-in report on the same day (hereinafter “the instant lease agreement”).

However, the defendant obtained a fixed date in the above lease contract from May 26, 2014.

C. On July 2, 2015, the Plaintiff, based on the foregoing right to collateral security, proceeded with the voluntary auction procedure for the instant real estate to the court B, and on July 2, 2015, the distribution schedule was prepared to distribute KRW 19,703,55 to the Defendant, who is a lessee of small claims, and KRW 19,606,55 in the third order to the Plaintiff of the right to collateral security.

On July 8, 2015, the Plaintiff raised an objection against the total amount of dividends to the Defendant on the date of distribution.

2. The plaintiff asserts that the plaintiff is the most lessee who is not protected under the Housing Lease Protection Act, so it is not sufficient to recognize the plaintiff's assertion only by the descriptions of the evidence Nos. 3, 7, 8, and 9, and there is no other evidence to acknowledge it.

3. Judgment on the plaintiff's non-exclusive assertion

A. The Defendant did not enter into a contract with C when entering into the instant lease agreement, but rather entered into a lease agreement with a real estate broker.