1. On February 4, 2015, with respect to the case of the voluntary auction of B real estate in this Court, against the defendant in the distribution schedule prepared by this Court.

1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the whole purport of the arguments in the statements in Gap evidence 1, evidence 2, evidence 2-1, 2, 3, and 4:

On July 28, 2010, the Plaintiff leased KRW 110 million to C, and received the registration of establishment of a collateral for the real estate indicated in the separate sheet owned by it (hereinafter “instant housing”) from the maximum debt amount of KRW 143,00,000, the debtor C and the mortgagee as the Plaintiff.

B. On March 2014, the Plaintiff filed an application for the auction of real estate rent to this court B with respect to the instant housing based on the foregoing collateral security, and the auction procedure was commenced on the 10th of the same month, and on December 30 of the same year, the instant housing was sold to the Sejong Unemployment Co., Ltd.

C. On February 4, 2015, the said executing court prepared a distribution schedule with the content that distributes the amount of KRW 19,000,000 to the Defendant, who is a lessee of small claims, in the order of 194,054,442, excluding the execution cost, on the date of distribution open on February 4, 2015, to the Plaintiff, who is a mortgagee, as the mortgagee, in the third order.

On the date of the above distribution, the Plaintiff raised an objection to the distribution of the Defendant, and filed the instant lawsuit.

2. The plaintiff's assertion does not constitute the smallest lessee subject to protection under the Housing Lease Protection Act as the most lessee.

3. Determination

A. According to the written evidence evidence Nos. 1 and 2, the fact that the Defendant and C obtained a fixed date as of June 28, 2012 and the lease term is from June 28, 2012 to June 27, 2014, and the lease term is from June 28, 2012 to June 27, 2014, and the contract deposit amount is KRW 2 million at the time of the contract, and the remainder amount is KRW 18 million to be deposited into the account of C on June 28, 2012 (hereinafter “instant lease contract”); the Defendant obtained the fixed date as of June 28, 2012 from the above lease contract and completed the move-in report to the instant house along with his wife on the same day is recognized respectively.

B. However, the facts acknowledged earlier and the aforementioned.