A. Defendant A leased the amount of KRW 20,000,000, deposit money of KRW 20,000 per month, and KRW 150,000 per month from Gyeongnam-gun, Busan-gun, Inc. (hereinafter “Nonindicted Company”). From January 2015 to March 2016, Defendant A did not pay KRW 1,80,000 in total, as between March 2015 and March 2016.

B. Defendant B leased from Nonparty Company FF, 308, KRW 5,000,00 per month, and KRW 300,000 per month. Defendant B did not pay a total of KRW 3,90,000 from February 2, 2015 to March 2016.

C. The Plaintiff, the mortgagee of the E Co., Ltd., delayed repayment of the principal and interest of the loan, filed an application for the auction of real estate with the Changwon District Court Jinju branch C, D (Dupl) regarding the building located in the F in the Gyeongnam-gun, Busan District Court, and the decision of voluntary auction was rendered.

On March 28, 2016, Jinwon District Court: (a) drafted a distribution schedule with the content that distributes dividends of KRW 14,000,000 (100%) and KRW 100,000 (100%) to Defendant A, the lessee of small claims, and KRW 319,315,879 (3rd, 57.48%) to the Plaintiff, the applicant obligee; (b) the Plaintiff raised an objection against the total amount of dividends to the Defendants; and (c) filed the instant lawsuit on April 1, 2016.

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

2. Determination as to the claim against Defendant A

A. Although the amount of 12,200,000 won calculated by deducting the amount of 1,800,000 won in arrears from the amount of 14,000,000 won in small lease deposit with the Plaintiff’s preferential right to payment, the distribution court’s disposition that distributes the total amount of 14,000,000 won to the Defendant A is unlawful, the amount of dividends against the Defendant should be corrected to 12,20,000 won.

B. Article 8(1) of the Housing Lease Protection Act provides that a lessee shall pay a specified amount of a deposit in preference to other secured creditors.