1. The plaintiff's claim of this case is dismissed.

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

Basic Facts

On April 16, 2013, the Plaintiff entered into a lease agreement with C as a broker of the Defendant, a licensed real estate agent, with respect to the Goyang-gu D No. 108 Dong 301 (hereinafter “instant building”) owned by C (hereinafter “instant lease agreement”) with respect to the lease deposit amount of KRW 22 million, the lease term of KRW 27,000,000 from April 27, 2013 to February 26, 2015 (hereinafter “instant lease agreement”), and filed a move-in report with the same fixed date granted.

At the time of the conclusion of the instant lease agreement, ① the maximum debt amount of KRW 70,200,00, KRW 39,000,000, the establishment registration of a mortgage, the debtor C, the National Bank Co., Ltd., and ② the establishment registration of a mortgage, the debtor C, the debtor, the Han Bank Co., Ltd., and ③ the establishment registration of a mortgage, the maximum debt amount of KRW 45,00,00,00, KRW 300,000, the maximum debt amount of the instant building; ③ the establishment registration of a mortgage, the debtor C, the mortgagee, the mortgagee E, the mortgagee, and KRW 142,245,199, the amount of the claim; ⑤ the registration of a provisional attachment, the creditor’s foundation, and the provisional attachment registration, the creditor Technology Credit Guarantee Fund, respectively, were completed. At the time of the instant lease agreement, the lease deposit amount of KRW 80,000,000,000, and the Defendant explained the legal relationship of the instant building to the Plaintiff.

On July 4, 2013, upon the application of E, a mortgagee, the instant building commenced voluntary auction (hereinafter “instant auction”). The instant building was sold on January 20, 2014 at the above auction procedure. E was paid KRW 45,00,00 in the third priority order, and the Gyeonggi Credit Guarantee Foundation was paid KRW 20,275,891 in the fourth priority order, but the Plaintiff filed an application to the effect that it is a small lessee under Article 8(1) of the Housing Lease Protection Act on August 12, 2013.