A. On January 7, 2015, the Seoul Southern District Court (Seoul Southern District Court) rendered a decision to commence voluntary auction of the real estate B on the Plaintiff’s application with respect to the E apartment No. 1, 505 (hereinafter “instant apartment”) on three parcels outside Geumcheon-gu, Geumcheon-gu, Seoul.

B. On February 10, 2015, the Defendant concluded a lease contract between C and C on November 28, 2012 (hereinafter “instant lease contract”) and filed a report on the right and filed an application for demand for distribution.

C. On September 3, 2015, an auction court opened a date of distribution on September 3, 2015, and distributed the remaining amount of KRW 33,474,629 to the Plaintiff, a mortgagee, respectively, in the order of priority repayment, by recognizing the Defendant as a first-class lessee of small claims.

The plaintiff appeared on the date of the above distribution, and raised an objection against the whole amount of dividends of the defendant, and filed the lawsuit of this case on September 7, 2015, within one week thereafter.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 4 (including a serial number), the purport of the whole pleadings

2. Determination:

A. The plaintiff asserts that the distribution schedule should be revised to distribute the amount distributed to the defendant to the plaintiff because the plaintiff is the most lessee who abused the right of priority repayment of small-sum lessee as stipulated in Article 8 of the Housing Lease Protection Act and cannot be protected by the above law. The defendant asserts that the defendant is the actual lessee who paid the lease deposit to the father C who is the father of the relative-gu and resided in one of the apartment units of this case.

B. The legislative purpose of the Housing Lease Protection Act to determine whether the defendant is subject to the Housing Lease Protection Act as a small tenant is to guarantee the stability of the residential life of the people by prescribing special cases concerning residential buildings (Article 1), and the Housing Lease Protection Act.