1. The foregoing court was prepared on December 14, 2015 with respect to the compulsory auction of real estate C with the Gwangju District Court Sejong District Court Sejong District Court.

1. Basic facts

A. On March 6, 2011, the Defendant entered into a lease agreement with D on a deposit basis with E 4.10 million won for the instant housing (hereinafter referred to as “instant housing”) and completed the move-in report on March 17, 201, and resided in the instant housing from March 19, 2011, and completed the lease registration on August 1, 2012 with respect to the instant housing. (b) The Plaintiff entered into a lease agreement with D on May 25, 2012 with the instant housing as KRW 25 million, and completed the move-in report on May 29, 2012 on the delivery of the instant housing on May 25, 2012.

2. Determination as to the cause of action

A. On or before May 25, 2012, the gist of the Plaintiff’s assertion: (a) the Defendant already left the instant house after entering into a lease agreement with D on the instant house; (b) the Defendant lost the opposing power and preferential repayment effect under the Housing Lease Protection Act; and (c) on August 1, 2012, after the Plaintiff obtained opposing power, the Plaintiff was granted a lease registration on the instant house, and thus, (d) the Defendant, subordinate to the Plaintiff, should delete the amount distributed to the Defendant and distribute it to the Plaintiff.

B. According to the facility inspection table (Evidence A) prepared on May 25, 2012 by the Plaintiff located in the instant housing as of May 25, 2012, the fact that only the basic facilities or goods installed or kept in the instant housing are indicated, but the Defendant did not state all the things left the instant housing. In light of this, it is reasonable to deem that the Plaintiff already left the instant housing before May 25, 2012, which was the time when the Plaintiff moved into the instant housing, the Defendant lost possession of the instant housing, which is a prerequisite for the Defendant to maintain the opposing power under the Housing Lease Protection Act, and thereafter the Defendant thereafter.