1. The lease contract concluded on June 13, 2015 between the Defendant and B shall be revoked.

1. Basic facts

A. On June 18, 2012, the Plaintiff loaned KRW 48 million to B as a house purchase fund, and B completed the registration of the establishment of a mortgage on the real estate indicated in the separate sheet as security for the said loan obligation (hereinafter “instant real estate”). As to the real estate indicated in the separate sheet as security for the said loan obligation, the Plaintiff and the maximum debt amount of KRW 57.6 million was completed.

B. B lost the benefit of time due to the Plaintiff’s failure to repay the principal and interest of the above loan from time to time, and the Plaintiff applied for an auction of the real estate deposit to the Incheon District Court C on June 17, 2016 upon the enforcement of the said collateral security right. At the time of the said request for auction, the Plaintiff’s claim against B was equivalent to KRW 48,970,655 in total to the principal and interest.

C. On June 20, 2016, the Incheon District Court, which is the cause of the auction law, rendered a decision to commence a voluntary auction against the Plaintiff’s above request for auction.

On the other hand, on July 15, 2016, the Defendant submitted a lease agreement with B on June 13, 2015 regarding the instant real estate, and filed a report on the right and demand for distribution in the said auction procedure. However, the Defendant asserted that the move-in report on the instant real estate was completed on June 15, 2015, as the lessee of small amount who completed the lease contract of KRW 21 million (hereinafter “instant lease agreement”).

On March 30, 2017, the Incheon District Court, which was the cause of auction law, prepared a distribution schedule in order to distribute dividends of KRW 39,759,195 on the date of distribution that was implemented on March 30, 2017, in order to distribute dividends of KRW 19,879,59 and KRW 19,879,598 to the plaintiff as a small lessee.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. Determination

A. The first priority repayment right of small-sum deposit under Article 8 of the Housing Lease Protection Act gives a kind of statutory security right that can be paid in preference to claims secured by mortgages and taxes on the leased house.