A. On March 12, 2014, the Defendant concluded a lease agreement with C on the first floor of the building indicated in the attached Form (hereinafter “instant real estate”) with C, with a deposit of KRW 30 million, monthly rent of KRW 500,000,000, and KRW 24 months from the date of the lease agreement, and operated a restaurant in the instant real estate. On May 16, 2014, the Defendant entered into a lease agreement with one room of the first floor of the instant building (hereinafter “instant room”) with a deposit of KRW 17 million, and the lease term of KRW 2 years.

(hereinafter “instant lease agreement”). B.

On the other hand, on November 5, 2014, Nonparty D completed the registration of creation of a neighboring mortgage, which amounts to KRW 45,500,000, with the Changwon District Court’s receipt of Scheon Registry No. 26790 of the maximum debt amount, as to the instant real estate.

C. Samcheon Agricultural Cooperatives filed an application for the commencement of voluntary auction on the instant real estate to the court B, and conducted the auction procedure. On October 1, 2015, the Plaintiff received dividend claim from D, and D notified C of the said transfer around that time.

On the date of distribution of the instant auction, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes the amount of KRW 4,509,631 to the Plaintiff, who is a mortgagee, in the order of 15,781,438 to the Defendant, who is a lessee of small claims, in the order of 515,781,438, which is to be actually distributed on October 12, 2015.

E. The Plaintiff appeared on the date of the above distribution, and raised an objection to the whole amount of the dividend of the Defendant, and filed the instant lawsuit within seven days thereafter.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. Determination on the cause of the claim

A. The plaintiff's assertion is the most lessee or a lessee who cannot be protected as a small lessee under the Housing Lease Protection Act. Thus, the distribution schedule of this case should be revised to distribute the amount of KRW 15 million distributed to the defendant to the plaintiff.

(b) judgment (1).