A. On September 28, 2017, the Seoul Central District Court E (hereinafter “instant auction procedure”) completed the registration of the decision to commence compulsory sale of real estate on September 28, 2017 with respect to the real estate listed in the separate sheet owned by F (hereinafter “instant housing”).

B. In the instant auction procedure, on December 15, 2017, Defendant C asserted that one column among the first floor of the instant housing was the leased deposit of KRW 40 million, monthly rent of KRW 40,000,000, and the small-sum lessee leased KRW 40,000. Defendant D claimed that one column among the second floor of the instant housing was the leased deposit of KRW 40,000,000 and KRW 30,000,000,000 were the small-sum lessee, and filed a report on the right and demand for distribution.

C. In distributing the amount of KRW 2,059,802,959 to be actually distributed after deducting the execution cost from the sale price on September 4, 2018, the date of distribution date, the court of execution prepared a distribution schedule with the content that distributes the amount of KRW 32 million to the Defendants as the lessee of small claims in the first order, and that distributes the amount of KRW 7,535,836 to the Plaintiff as the pledgee of the right to collateral security in the sixth order.

The Plaintiff appeared on the date of the above distribution, and raised an objection against the entire amount of distribution to the Defendants, and filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap 1, 3, and 5 each entry (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Considering the following circumstances acknowledged by the Defendants based on the aforementioned facts as to whether they were genuine lessees and the overall purport of the pleadings in Gap’s statement, the Defendants are not the genuine lessee who actually leased one room among the first and second floors of the instant housing, and paid the lease deposit, but the Plaintiff, etc., the senior lessee, who was protected from the instant auction procedure regarding the instant housing, is the security right.