1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant, as a licensed real estate agent, employed Nonparty D as a broker assistant while operating the “C Licensed Real Estate Agent Office” (hereinafter “instant brokerage office”).

B. On May 24, 2008, the Plaintiff entered into a lease agreement between Nonparty E and Nonparty E with respect to the lease deposit for KRW 5,000,000 and the lease period from May 25, 2008 to May 24, 2009 (hereinafter “instant lease agreement”). D, at the time of the instant lease agreement, issued the lease agreement, the certificate of deduction, and the copy of the register of the instant house, respectively, to the Plaintiff at the time of the instant lease agreement.

C. On October 8, 2009, after the expiration of the lease term, the Plaintiff filed a move-in report for resident registration with respect to the instant housing, and obtained the fixed date as of March 29, 2010.

On the other hand, regarding the instant housing, the establishment registration of the first priority priority, which was established as the debtor H and the non-party under the right to collateral security, was completed on February 25, 2008 by the Daegu District Court No. 10691, which was the registration of creation of a mortgage on the housing of this case, and the establishment of a mortgage on the housing of this case was completed on February 25, 2008 by the Daegu District Court No. 223,00,000 won, and the second priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority over the debtor E and the right to collateral security (hereinafter collectively referred to as the “registration of creation of a mortgage of each of the instant case”).

E. On the basis of each of the instant collective security rights, the Kanan-developed Saemaul Savings Depository filed an application with the Daegu District Court Kimcheon Branch I for commencement of the auction of real estate on April 2, 2010 (hereinafter “instant auction procedure”), and the executing court distributed KRW 561,612,915 to each of the instant collective security holders, small-sum lessees, etc. on April 21, 2011, but the Plaintiff who reported the right as a lessee and demanded the distribution of the instant housing was entitled to receive dividends in the instant auction procedure.