1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 4, 2011, the Plaintiff obtained a registration of collateral security amount of KRW 72,800,000 with respect to C-owned real estate (hereinafter “instant housing”) by lending money to C, which was established with the maximum debt amount of KRW 72,80,000,000.

B. As of March 23, 2015, the Defendant entered into a lease agreement with C on a deposit for lease with C, and completed the move-in report on the instant house on April 9, 2015.

C. On July 2, 2015, the instant housing began with the auction procedure (Jacheon District Court Branch B) upon the Plaintiff’s application, and was sold to a third party on March 10, 2016.

On April 14, 2016, the auction court recognized the defendant as a small lessee under the Housing Lease Protection Act, and distributed the defendant 22 million won to the defendant in the first order, and set up a distribution schedule to distribute 46,241,496 won to the plaintiff in the third order.

In the auction procedure, the Plaintiff reported the claim amounting to KRW 72,800,000 (=interest of KRW 55,000,000) (=interest of KRW 10,722,240).

E. The Plaintiff appeared on the date of distribution and stated an objection against the Defendant as to the whole amount of distribution.

[Ground of recognition] Facts without dispute, Gap 1, 3, 5 evidence, Eul 1, 5 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant asserted that the Plaintiff is the most lessee or a lessee who abused the system of small-sum lessee under the Housing Lease Protection Act, and is not worth guaranteeing preferential payment right. Therefore, the Defendant’s distribution of KRW 22 million to the Defendant prior to the Plaintiff is erroneous.

B. The Defendant asserted that the instant house is leased according to the residential needs and the deposit is paid, and is entitled to preferential repayment as a small-sum lessee with the move-in report and the fixed date.

3. Determination

A. In full view of the overall purport of the arguments in each statement and image of evidence Nos. 1 to 13 (including paper numbers) of the facts of recognition, the Defendant is a working person working for the company and on the half floor of the apartment house in the vicinity of the workplace (F building No. 202 of the Ocheon-gu, Ocheon-gu).