A. Nonparty B was the owner of Suwon-si Kumpo-gu C Apartment No. 911 (hereinafter “instant apartment”).

B. On August 5, 2013, the Plaintiff obtained a decision of provisional seizure (2013Kadan6639) from Suwon District Court as to the apartment of this case, and completed the registration of provisional seizure with the claim amount of KRW 18,747,805 on the same day as the grounds for registration.

C. On February 10, 2015, the Plaintiff filed an application for payment order against B with the Seoul Central District Court No. 2015Da5168078, Feb. 13, 2015, the said court rendered a decision on performance recommendation on February 13, 2015 that “B shall pay the Plaintiff KRW 16,831,220, and its delay damages,” and the said decision on performance recommendation became final and conclusive on March 10, 2015.

On May 2, 2016, there was a decision to voluntarily commence the auction on the apartment of this case upon E’s application (U.S. District Court D). The apartment of this case was sold to F on December 19, 2016 and the ownership transfer registration was completed to the same person.

E. On July 11, 2016, the Plaintiff submitted a claim registration statement with the amount of KRW 24,806,312 as the principal and interest pursuant to the said decision of performance recommendation to the above auction court.

F. On February 15, 2017, on the date of distribution of the instant real estate auction case, a distribution schedule was formulated to distribute dividends of KRW 20 million to the Defendant as a small lessee in the first order (hereinafter “instant distribution schedule”). On February 21, 2017, the Plaintiff raised an objection to the amount of distribution against the Defendant, and filed a lawsuit of demurrer against distribution on February 21, 2017, which is within one week thereafter.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The right of priority repayment of small-sum deposit under Article 8 of the Housing Lease Protection Act provides a kind of statutory security right that can be paid in preference to claims secured by mortgages and taxes against the leased house, so the debtor is the only house owned by the debtor in excess of his/her obligation.