1. Of the distribution schedule prepared by the above court on August 5, 2015 with respect to the Busan District Court C real estate auction case.

1. Facts of recognition;

A. On September 26, 2014, the Plaintiff completed the registration of creation of a neighboring mortgage on September 22, 2014, between the owner E and the owner of No. 501 (hereinafter “instant apartment”). The Plaintiff completed the registration of creation of a new mortgage on September 22, 2014, stating that the obligor is E, with the maximum debt amount of Sep. 26, 2014.

(hereinafter referred to as “the instant collateral security”). B.

On November 19, 2014, the Defendant entered into a lease agreement with E under the terms and conditions that deposit 15 million won for the instant apartment and the lease period from November 20, 2014 to November 20, 2016 (hereinafter “instant lease agreement”). On November 21, 2014, the Defendant made a move-in report on the said real estate and received a fixed date on the said lease agreement.

C. Upon the Plaintiff’s request, the Busan District Court C real estate auction case on the instant apartment that commenced January 13, 2015: (a) recognized the Defendant as a small lessee on August 5, 2015, and distributed dividends of KRW 15 million to the Plaintiff, the applicant creditor, as a small lessee; and (b) drafted a distribution schedule that distributes KRW 142,240,535 to the Plaintiff.

Accordingly, the Plaintiff stated an objection against the amount of distribution on the date of distribution, and filed the instant lawsuit.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant's right to preferential payment of small amount is not protected under the Housing Lease Protection Act as the most lessee who entered into the instant lease agreement for the purpose of abusing the right to preferential payment of small amount lessee. Thus, the plaintiff asserts that 15,000,000 won distributed to the defendant should be additionally distributed to

The defendant asserts that he is a genuine tenant.

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 concerning residential buildings.