A. A (hereinafter “the deceased”) died on February 2, 2017, and E filed a petition for bankruptcy as the heir’s 2017Hadan906 of this Court.

B. On September 15, 2017, this Court declared bankrupt on the deceased’s inherited property and appointed the Plaintiff as the bankruptcy trustee.

C. On June 28, 2017, concerning F apartment Nos. 101, 804 (hereinafter “instant apartment”), which was owned by the deceased, the registration procedure of the voluntary auction of real estate was initiated as D of this court on June 28, 2017.

On July 10, 2017, the defendant filed a report on rights and filed a request for distribution as a small lessee at an auction court.

E. On July 24, 2018, on the date of distribution, the court of auction prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that the Defendant distributes KRW 17 million to the Defendant, as the lessee of small amount, KRW 159,308,371, and KRW 145,390,114 to the requesting creditor, the requesting creditor, in the second order, to the financial agricultural cooperative, and the third order.

F. The Plaintiff appeared on the date of distribution, and raised an objection against the Defendant’s dividend amount, and filed the instant lawsuit on July 27, 2018.

[Grounds for recognition] Gap 1-6 Evidence, the purport of the whole argument

2. Assertion and determination

A. 1) The Plaintiff’s Defendant, as a person who was the deceased, did not enter into a false lease agreement with the deceased on the apartment of this case, or paid a deposit for lease. Thus, the Defendant did not have the right to receive dividends as a small lessee. 2) The Defendant, as a living together, borne KRW 80 million out of the purchase price when the deceased purchased the apartment of this case.

The defendant was in progress in the individual rehabilitation procedure. The deceased transferred the ownership of the apartment of this case to the defendant upon the completion of the individual rehabilitation procedure.

B. Even according to the Defendant’s assertion, the Defendant is not a small lessee under the Housing Lease Protection Act, and thus, the auction court is the Defendant.