A. On April 20, 2017, the Plaintiff entered into a real estate lease agreement with I to pay the lease deposit to I at least on the 30,000,000 won of deposit, monthly rent of KRW 630,000, and from March 27, 2017 to March 26, 2019 with respect to the K of the J building in Gwangju-si (hereinafter “instant house”). On March 27, 2017, the Plaintiff completed the relocation report on the said real estate on March 27, 2017.

B. As to the instant housing, the Defendant was established on October 31, 2019 with respect to the right to collateral security of the creditor union established on August 12, 2013.

B. On November 13, 2018, the Suwon District Court rendered a distribution schedule to distribute KRW 3,880,000, deducting the overdue charge to the Plaintiff, a small lessee who made a demand for distribution, as the first priority in distributing the proceeds of the sale of the instant real estate on December 26, 2019, upon the application of the creditor LAC (hereinafter “instant auction”). On November 13, 2018, the auction court set up a distribution schedule to distribute KRW 62,052,053 to the Defendant, the pledgee of the right to collateral security, who is the right to collateral security, in the fourth priority in distributing the proceeds of the instant real estate.

C. On December 26, 2019, the Plaintiff raised an objection against KRW 11,128,000 among the Defendant’s dividends on the date of distribution of the instant auction.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion constitutes a small lessee under the Housing Lease Protection Act, and thus, 15,006,000 won calculated by deducting 14,94,000 won in arrears from deposit money of 30,000 won should be preferentially distributed.

Therefore, the dividend amount of KRW 3,880,000 against the plaintiff among the dividend table for the auction of this case shall be KRW 15,006,000, and KRW 62,052,053 of the dividend amount against the defendant shall be corrected to KRW 50,926,053.

B. The lease contract on the mortgaged real estate on which the deposit was received has been terminated by auction on the mortgaged real estate, and the mortgagee's rent claim, etc.