배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The content of the distribution schedule 00,000 won prepared by the court: 159,290,000 won in the north-gu Seoul Metropolitan City, Ulsan Metropolitan City, (the relevant rent) and 159,29,000 won in the case of the application for the auction of real estate held to B by this court on May 1, 2017 upon the request of the plaintiff D0, this court shall appear at the above 00,000 won in the case of the application for the auction of real estate held to B by this court on January 4, 2018, whichever is 68,001,922, whichever is to be actually distributed to the defendant 20,000 won in the first order, and the plaintiff shall be present at the above 00,000 won in the second order in the second order in the distribution schedule to distribute the remaining amount to the plaintiff (the mortgagee) in the second order.
2. Since the Defendant, who had resided in the apartment of this case originally asserted by the Plaintiff, conspired with D, who is the owner of the auction real estate, received the loan by deceiving the Plaintiff, and re-transfered into the apartment of this case, the subject of protection of small lessee should be excluded
3. Determination: In a lawsuit of demurrer against the distribution that was distributed to the defendant as small lessee in the procedure of auction regarding the apartment of this case, for which the plaintiff's assertion cannot be accepted, the object of examination of this court is whether the plaintiff is not a "small lessee" subject to protection of the Housing Lease Protection Act or is excluded from the object of protection under the Housing Lease Protection Act because the defendant entered into a lease contract with D by abusing the Housing Lease Protection Act which recognizes preferential payment right if the defendant satisfies the requisite for setting up against the defendant only before the decision to commence auction in order to protect small lessee in accordance with the plaintiff's above assertion, and whether the plaintiff has a damage claim against the defendant.
The issue of whether or not the defendant committed a tort against the plaintiff (including aiding and abetting liability by negligence) does not belong to the subject of examination. However, as to the apartment of this case on February 7, 2012, the defendant first did not belong to the subject of examination.