1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for adding a new argument of the plaintiff at the court of first instance as to the new argument of the plaintiff at the court of first instance as stated in the reasoning of the judgment of the court of first instance. Thus, this is citing it as is in accordance

2. Additional determination

A. The plaintiff's assertion seems to have been sufficient re-owned by the defendant, who is running a personal business and has been living in the past to live in a broad house, by giving a third party a lease contract and entering into the instant lease contract.

In such cases, guaranteeing the recovery of small-sum deposit does not comply with the legislative purpose and the purpose of the system under Article 8 (1) of the Housing Lease Protection Act, and thus, the defendant is not a small-sum lessee subject to protection under the Housing Lease Protection Act

B. The legislative purpose of the Housing Lease Protection Act is to ensure the stability of the residential life of citizens by prescribing special cases on the Civil Act with respect to residential buildings. Article 8(1) of the Housing Lease Protection Act provides that the lessee may be paid a specified amount of the security deposit in preference to other secured right holders. In the case of small-sum lessee, even if the security deposit is small-sum lessee, it is a large amount of property, and thus, it is reasonable to guarantee the recovery of the security deposit even if it harms the status of other secured right holders (see, e.g., Supreme Court Decision 2001Da14733, May 8, 2001). In light of the legislative purpose and the purport of the system, it is true that there is a significant part of the Plaintiff’s assertion.

(1) However, Article 8 (3) of the Housing Lease Protection Act provides that the scope and standard of a specified amount of a tenant and deposit to be preferentially repaid shall be prescribed by Presidential Decree after deliberation by the Housing Lease Committee.