배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 15, 2012, Seoul Central District Court B, C, and D on May 15, 2012, the decision to commence a voluntary auction of real estate was made with respect to 11 real estate, including 2nd floor 201 of the Seoul Jongno-gu Seoul Metropolitan Government F collective housing (hereinafter referred to as “instant housing”).
B. In the above auction procedure, the Plaintiff filed a report on the right and a request for distribution with E as “a lessee who entered into a lease contract with the amount of KRW 60 million on March 17, 2008, set as lease deposit and KRW 1 million on monthly rent,” and applied for a report on the right and demand for distribution.
C. On December 31, 2013, the auction court drafted a distribution schedule to distribute KRW 342,869,403 to the Defendant, who is the applicant creditor and the mortgagee, subsequent to the right holder of the delivery and the third mortgagee’s right to collateral security.
The plaintiff appeared on the date of distribution and raised an objection against KRW 20 million out of the amount of distribution of the defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings
2. The parties’ assertion asserts that the Plaintiff is a legitimate small lessee of the instant housing, and thus, should be distributed to the Defendant in preference to the Defendant. The Defendant asserted that the Plaintiff’s assertion is the most lease agreement, or that it was concluded by abusing the protection provisions of small lessee under the Housing Lease Protection Act, and thus, cannot be protected.
3. The legislative purpose of the Housing Lease Protection Act is to ensure the stability of the residential life of citizens by prescribing special cases concerning residential buildings (Article 1). Article 8(1) of the Housing Lease Protection Act provides that the lessee may be paid a certain amount of the deposit in preference to other secured creditors. In the case of small lessee, even if the deposit is small amount, it is the larger property. Therefore, even if the status of other secured creditors is harmed for small lessee, the deposit is recovered.