1. The lease contract concluded on January 25, 2014 between the Defendant and B is KRW 22,00,000.

1. The following facts of recognition are not disputed between the parties, or may be found in Gap evidence Nos. 1, 2, 4 to 11, 4 to 4, 6 and 7 (including each number), together with the purport of the entire pleadings:

On October 10, 201, the Plaintiff loaned 214,00,000 won to B at an annual interest rate of 7.8%, repayment method of one-year lump-sum redemption, and delay compensation rate of 19.8% per annum, and on the real estate listed in the separate sheet owned by B (hereinafter “instant apartment”) to secure the above loan claim, the same month.

7. Completion of the establishment registration of a mortgage consisting of the maximum debt amount of 278,200,000.

B. Since November 2013, B lost the benefit of time due to the delay in payment of the agreed interest, etc., and the Plaintiff filed a request for auction of the instant apartment on March 25, 2014, and the procedure of auction of real estate was commenced as Incheon District Court Branch C on March 26, 2014.

(hereinafter “Discretionary Auction Procedure”). C.

On January 25, 2014, the Defendant entered into a contract for leasing the instant apartment from B with the lease deposit amount of KRW 27,000,000, and the lease term of KRW 29,000 from January 29, 2014 to January 28, 2016 (hereinafter “instant lease contract”). On January 29, 2014, the Defendant paid the full lease deposit amount to B, and completed the move-in report on the instant apartment on the same day and completed the move-in report on the instant apartment on the same year.

2. 3. The fixed date of the instant lease agreement was obtained.

In the instant voluntary auction procedure, on November 28, 2014, a court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 22,00,000 to the Defendant, who is the lessee of small claims, and the Plaintiff, who is the applicant creditor and the mortgagee, as the right to collateral security, in the second order.

E. The Plaintiff appeared on the date of the above distribution and stated an objection against the whole amount distributed by the Defendant.

2. Determination

A. The right to make a priority repayment of small-sum deposit under Article 8 of the Housing Lease Protection Act, to determine the cause of the claim.