1. A distribution table prepared on February 7, 2018 by the said court with respect to the auction case of the real estate B located in Seosan Branch of the Daejeon District Court.

1. Basic facts

A. On October 7, 2014, the Plaintiff loaned KRW 98 million to C on October 7, 2014, and completed the registration of the establishment of a neighboring mortgage, which caused KRW 117.6 million to the maximum debt amount, on October 16, 2014.

B. On November 5, 2015, the Defendant and C concluded a lease agreement with the Defendant, setting the lease deposit amount of KRW 30 million and the lease term from November 5, 2015 to November 4, 2017.

(hereinafter “instant lease agreement”). The instant lease agreement states as follows: “The amount of KRW 30 million paid as a balance at the time of purchase and sale is the remainder.” It states as follows: “The amount of KRW 30 million shall be paid after purchase and payment is made at the time of purchase after rent.”

C. On February 25, 2017, the Plaintiff filed an application for voluntary auction on the instant real estate, and on the grounds that the Plaintiff is the first priority lessee on February 7, 2018 in the auction procedure (Sasan Branch Branch of the Daejeon District Court) that was carried out, and on the ground that he/she is the filing obligee, the Plaintiff is not more than the distribution schedule under which the Plaintiff distributes each of the KRW 79,304,238 to the Plaintiff on the ground that he/she is the filing obligee.

A) A. The Plaintiff raised an objection against the total amount of dividends of the Defendant on the date of distribution in the above auction procedure. [Grounds for recognition] Evidence Nos. 1 through 7 (each entry, including each number, and the purport of the entire pleadings)

2. The plaintiff's primary assertion is that the defendant is not a genuine tenant but a false tenant, so the distribution schedule of this case must be revised as stated in the purport of the claim.

Preliminaryly, the instant lease agreement entered into by C, a debt excess, constitutes a fraudulent act detrimental to the general creditor, and thus, should be revoked, and the instant distribution schedule should be revised as stated in the purport of the claim.

3. Determination

A. The legislative purpose of the Housing Lease Protection Act is to guarantee the stability of the residential life of the people by prescribing exceptions to the Civil Act concerning residential buildings (Article 1), while the legislative purpose of the Housing Lease Protection Act is to protect small tenants under the Housing Lease Protection Act.