1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus cites it as it is in accordance with the main sentence of Article 420 of the

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion and the designated parties (hereinafter “Plaintiff, etc.”) leased each corresponding defense room of the instant housing, and as a small lessee under Article 8 of the Housing Lease Protection Act, which completed a move-in report prior to the registration of the entry in the decision on commencing auction, the distribution schedule should be revised with the purport that the Plaintiff, etc. distributes each of 16 million won to the Plaintiff, etc. and reduces the same amount from the dividend amount to the Defendant.

B. 1) In light of the legislative purpose of the Housing Lease Protection Act and the purport of the protection system for small lessee, etc., even if the creditor had resided therein after concluding a lease agreement with the debtor on the housing owned by the debtor and completing a move-in report, if the principal purpose of the lease agreement was not to use and profit from the housing, but to recover the claim in preference to the mortgagee who has been protected as a small lessee under the Housing Lease Protection Act, such tenant cannot be protected as a small lessee under the Housing Lease Protection Act. 2) The following circumstances are acknowledged by the following: ① at the time of entering into a lease agreement, the Plaintiff, etc. had a right to collateral security totaling KRW 72,500,000,000 for the housing in this case at the time of the conclusion of the lease agreement, and the Plaintiff, etc. entered into the lease agreement and the lease agreement between the lessee and the transferee on the housing in this case and the transferee on the housing in this case from 30,013.