1. Of the distribution schedule prepared on October 15, 2014 by the above court with respect to the Seoul Northern District Court B real estate auction case.

1. Facts of recognition;

A. On July 6, 2010, C completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). In order to secure the claim for loans to C, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate as KRW 197,60,000 on the same day.

B. On May 8, 2011, the Defendant entered into a lease contract (hereinafter “instant lease contract”) with respect to the instant real estate, setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 450,000, and the lease period of KRW 450,000, and from June 2, 2011 to June 1, 2013, and completed the move-in report on the instant real estate on June 2, 201.

C. C did not pay a loan to the Plaintiff, and the Plaintiff filed an application for a voluntary auction of real estate rent to Seoul Northern District Court B, and on November 7, 2013, the real estate auction procedure began on the instant real estate.

On October 15, 2014, on the date of distribution, the auction court: (a) deemed the Defendant as a lessee with opposing power under the Housing Lease Protection Act; and (b) prepared a distribution schedule stating that the Defendant distributes KRW 20,000,00 to the Plaintiff, a mortgagee, KRW 101,152,67, respectively, (hereinafter “instant distribution schedule”).

On October 21, 2014, the Plaintiff raised an objection to the entire amount of dividends to the Defendant on the date of distribution.

[Ground of recognition] Facts without dispute, Gap 4, 5, 10, 12 evidence, Eul 1 through 3, and 21 evidence (including partial numbers), the result of the defendant's questioning, the purport of the whole pleadings

2. Judgment as to the main claim

A. The main purpose of a lease agreement is not to use a house and make profits from it, and if the main purpose of a lease agreement was to collect a claim prior to a mortgagee by being protected as a small lessee, such tenant shall not be protected as a small lessee under the Housing Lease Protection Act.

(See Supreme Court Decision 2007Da23203 Decided May 15, 2008, etc.).