On June 14, 2012, the Plaintiff leased money to D, and was set up a collateral security with a maximum debt amount of KRW 18 million with respect to the instant real estate.

On December 17, 2015, the procedure of auction of real estate C in this court was initiated upon the application of the Heungdong Community Fund, the senior mortgagee of the instant real estate.

On June 26, 2014, the Defendant concluded a lease contract with a security deposit of KRW 10 million as to one room among the instant real estate and D on June 26, 2014, and made a demand for distribution.

On the date of open distribution on September 21, 2016, the auction court distributed the remainder to the Defendant, the applicant creditor of the small amount, in the first and second order, the Defendant, the applicant creditor of the small amount, in the second order. The Plaintiff failed to receive the distribution.

The plaintiff raised an objection against the total amount of dividends distributed by the defendant.

The defendant is a partner of D.

2. Determination as to the claim on the principal lawsuit

A. 1) The Plaintiff asserts that the Defendant is the most lessee. 2) The Defendant asserts that the Defendant was the genuine lessee, on the ground that the Defendant lent the loan amount of KRW 10 million to his female F for several years from 15 to 20 years. However, the Defendant concluded a lease contract with KRW 10 million and instead, transferred the deposit amount of KRW 9.5 million to D and the Defendant paid the deposit amount of KRW 5 million in cash.

B. Considering the fact that most frequently rental agreements are made to evade debts by using the Housing Lease Protection Act provisions protecting small-sum tenants in the judgment auction procedure, and that concluding a lease agreement with the family members is exceptional, in particular, where the lessee is the family member of the owner, the conclusion of the contract and the payment of the deposit shall be made.