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1. Of the distribution schedule prepared on February 27, 2015 by the above court with respect to the case of the voluntary auction of real estate B by the Seoul Northern District Court.
Reasons
1. Basic facts
A. On October 25, 201, the Plaintiff: (a) obtained a claim for the principal and interest of loan (the maximum amount of credit KRW 130 million on December 28, 2007, KRW 3225 million on February 28, 2008) from a new bank; (b) filed an application for an auction of real estate on the Seoul Northern District Court B, Gangnam-gu Seoul Northern District Court B, Seoul Northern District Court B, and one parcel of land (hereinafter “instant real estate”); and (c) received a decision to commence auction on October 25, 2011.
B. On February 27, 2015, the auction court prepared a distribution schedule of KRW 13,500,000 in the first priority order on the premise that the Defendant is a small lessee; KRW 13,300,000 in the third priority order on the claim secured by collateral amounting to KRW 13,00,000 on August 18, 2009; KRW 13,000,000 in the Plaintiff; and KRW 2,835,381,264 in the first priority order on the claim secured by collateral amounting to KRW 3,225,000 in the Plaintiff.
C. Accordingly, the Plaintiff raised an objection against the Defendant’s dividend on the date of distribution, and filed the instant lawsuit on March 5, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff's assertion is that the defendant was the spouse of C and cannot be deemed to have actually entered into a lease contract. Thus, since the defendant is the most lessee, the distribution schedule of this case, which is made by deeming the defendant as a small lessee, should be revised.
B. (1) 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 concerning residential buildings (Article 1). Article 8(1) of the Housing Lease Protection Act provides that the lessee may be paid a specified amount of the deposit in preference to other secured creditors. In the case of small lessee, even if the deposit is small amount of the deposit, the deposit is larger than that of the other secured creditors. Therefore, at least, in the case of small lessee, the status of other secured creditors is harmed.