1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On September 29, 2009, the establishment registration of the right to collateral security (hereinafter “instant apartment”) was completed with respect to the Defendant, the maximum debt amount of KRW 553,000,000 on September 29, 200 with respect to the Suwon-si Suwon-si B apartment 221, 301 (hereinafter “instant apartment”).

B. On December 15, 2012, the Plaintiff leased the instant apartment from C, the owner of the instant apartment, with a deposit of KRW 22,00,000,00 and the term of lease from December 31, 2012 to December 30, 2014 (hereinafter “instant lease”).

C. On December 15, 2014, the Plaintiff paid C KRW 22,00,000 in total, and KRW 20,000,000 on December 31, 2014, as security deposit under the instant lease agreement. On December 31, 2012, the Plaintiff received a move-in report on resident registration in the instant apartment and received a fixed date and resided in the instant apartment after having received a move-in report on resident registration in the instant apartment.

On February 14, 2013, upon the Defendant’s filing an application for auction of the instant apartment based on the instant collective security right, the registration of the voluntary decision on commencing auction of the instant apartment was completed as Suwon District Court D with regard to the instant apartment.

E. In the above auction procedure with respect to the apartment of this case, the Defendant reported KRW 480,03,229 as the secured debt of the instant right to collateral security. The Plaintiff reported KRW 22,00,000 to the Plaintiff. On December 17, 2013, the auction court distributed the total amount of KRW 360,525,711, excluding the execution cost, out of the sale price of the instant apartment, to the Defendant, who is the mortgagee.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 1, 2, 3, 5, 7, 9, 10, 11, Eul's evidence Nos. 1, 3 and 4, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) the Housing Lease Protection Act applies as a genuine lease.

Therefore, pursuant to Article 8 of the Housing Lease Protection Act and Article 10 of the Enforcement Decree of the Housing Lease Protection Act, the Plaintiff, a small lessee, is 20.