A. On March 9, 2004, the Plaintiff is a creditor who created each right to collateral security with a maximum debt amount of KRW 130 million, and KRW 260 million on January 12, 2009, regarding the third and 1104 above-ground D Apartment No. 11, 1104 (hereinafter “instant building”).

B. On September 18, 2014, the Plaintiff applied for a voluntary auction on the instant building and received a decision to commence an auction on real estate rent from the Seoul Northern District Court (B) on September 19, 2014.

On June 4, 2015, the auction court distributed the amount of KRW 278,772,518, which can be distributed to the Plaintiff on the date of distribution, to the Plaintiff in the second order, based on the premise that the Defendant is a small lessee.

C. Accordingly, on the aforementioned date of distribution, the Plaintiff raised an objection to the amount of distribution of the Defendant, and filed the instant lawsuit on June 10, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion cannot be deemed to have actually concluded a lease contract with the debtor, and since the defendant is the most lessee, the distribution schedule of this case, which is made by deeming the defendant as a small lessee, should be revised.

B. (1) The legislative purpose of the Housing Lease Protection Act is to ensure the stability of the residential life of citizens by prescribing special cases on the Civil Act with respect to residential buildings (Article 1). Article 8(1) of the Housing Lease Protection Act provides that the lessee may be paid a certain amount of the deposit in preference to other secured creditors. In the case of small lessee, even if the deposit is small, it is a large amount of the deposit, and thus, it is reasonable to guarantee the recovery of the deposit even if it harms the status of other secured creditors in the case of small lessee, and thus, it is an exception to the general provisions of the Civil Act.

Therefore, the creditor is a house owned by the debtor.