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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 2, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C by setting the deposit amount of KRW 17,000,000, and the term of the lease from March 5, 2013 to March 5, 2015, among the instant multi-story D multi-storys (hereinafter “instant house”), and completed the move-in report with the instant house on March 6, 2013.
B. On December 5, 2014, this Court drafted a distribution schedule with the distribution of KRW 13,00,000, KRW 564,370, KRW 221,689,764, KRW 50,000, KRW 50,000 to the Defendant, who is the applicant creditor and the right to demand distribution, to the Defendant, who is the applicant creditor and the right to demand distribution, to the small lessee E, KRW 13,00,00, KRW 564, KRW 221,689, KRW 764, KRW 50,00, KRW 70,373.
C. The Plaintiff appeared on the date of distribution and raised an objection against KRW 17,00,000 out of the Defendant’s dividend amount.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 7, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff's assertion is a legitimate small tenant and has opposing power under Article 3 (1) of the Housing Lease Protection Act before the decision to commence the auction of the housing of this case. Thus, it is unreasonable to exclude the plaintiff from the dividend, despite that the plaintiff is entitled to the top priority payment for KRW 12 million out of security deposit.
B. The plaintiff's assertion is that the plaintiff is the most lessee or the plaintiff and C expressed false intent in collusion to avoid the defendant's debt repayment. Thus, the plaintiff cannot be protected under the Housing Lease Protection Act.
C. The purpose of Article 8 of the Housing Lease Protection Act, and Article 8 of the Housing Lease Protection Act, which recognizes the right to preferentially pay a specified amount of the deposit of one tenant to the extent of a small-sum lessee who is protected, is the whole property of the small-scale lessee.