A. On December 28, 2012, the Plaintiff entered into a lease agreement with D on the lease deposit of KRW 20,000,000, monthly rent of KRW 300,000, and the lease term of KRW 5,000, and from January 5, 2013 to January 4, 2015 (hereinafter “instant lease agreement”), and paid KRW 2,000,000 as the down payment on December 18, 2012, and paid KRW 18,00,000 and rent of KRW 2,10,00,000 as the remainder of January 5, 2013, and completed the move-in report on move-in on January 5, 2013.

B. On February 15, 2013, as to the instant apartment, the procedure for the voluntary auction of real estate was initiated by Suwon District Court, Sung-nam Branch B, and on March 27, 2013, the procedure was initiated in duplicate with the above court C on March 27, 2013. On December 26, 2013, the above court distributed KRW 254,865,35 as a mortgagee to the Defendant as a mortgagee, and the Plaintiff drafted a distribution schedule with the content that is excluded from the distribution.

[Ground for Recognition: Evidence No. 1 (including paper numbers), Evidence No. 2 (including paper numbers), Evidence No. 3, Evidence No. 1, Evidence No. 2)

2. Determination on the principal lawsuit and counterclaim

A. The main point of the argument is that the plaintiff is a small-sum lessee under the Housing Lease Protection Act, who is the right of priority repayment in preference to the defendant.

In this regard, the defendant cannot be protected as a small lessee under the Housing Lease Protection Act because the lease contract of this case is invalidated due to the most recent lease, or its main purpose is to recover the claim.

or to the extent that it should be revoked as a fraudulent act.

B. (1) Determination (1) There is no evidence to acknowledge that the instant lease agreement is the most difficult lease and thus null and void as a false conspiracy.

(2) In addition, the lessee entered into a lease contract with the lessor and resided therein after completing the resident registration and move-in report.

Even if the main purpose of the lease contract is not to use and benefit from the house.