A. On November 16, 2015, a lease contract was concluded between the Defendant and E, who was the owner of the instant building at the time of November 16, 2015, with the lease deposit of KRW 15,000,000 and the lease term of November 30, 2015 from November 30, 2015 to November 30, 2017 (hereinafter “instant contract”).

The Defendant issued a fixed date to the instant contract on November 17, 2015, and filed a move-in report on the instant building on December 30, 2015.

However, on December 31, 2015, the Defendant transferred his/her resident registration to another place, but again transferred his/her resident registration to the instant building on February 4, 2016.

B. On December 17, 2015, E, including transfer of ownership, establishment of mortgage, and preparation of a distribution schedule, sold the instant building to F.

On December 31, 2015, F completed the registration of ownership transfer on the instant building. On the same day, F borrowed KRW 56,00,000 from the Plaintiff, and completed the registration of ownership transfer on the part of the debtor F, the mortgagee, the maximum debt amount of KRW 67,20,000 to the Plaintiff.

After that, on February 1, 2016, Korea Land Trust Co., Ltd. completed the registration of ownership transfer based on the trust on the instant building.

On August 19, 2016, upon the Plaintiff’s application, the decision to voluntarily commence the auction on the instant building was rendered to the Incheon District Court B.

On August 22, 2017, the competent court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 15,00,000 to the Defendant, who is the applicant creditor, and KRW 47,830,436 to the Plaintiff, who is the applicant creditor, respectively.

On the date of distribution, the plaintiff appeared on the date of distribution, and raised an objection to the whole amount of distribution of the defendant, and filed the lawsuit of this case.

[Reasons for Recognition] Each entry in Gap evidence 1-5 (including provisional number), the purport of the whole pleadings

2. The key issue of the instant case is whether the Defendant is a small-sum lessee who has the right to be reimbursed prior to the Plaintiff.

According to Article 8 (1) of the Housing Lease Protection Act.