1. Of the distribution schedule prepared on December 9, 2019 by this Court with respect to the compulsory auction of real estate D or E (Dual) in this Court.

Facts of recognition

On May 10, 2016, the registration of ownership transfer was completed in the name of I with respect to the building H of the building in Nam-gu Busan Metropolitan City (hereinafter "the building in this case").

As to the building of this case, the registration of creation of a neighboring mortgage, which is the plaintiff, was completed on the same day, 139,100,000 won, the debtor I, and the creditor.

J, on July 28, 2016, leased the instant building with a deposit of KRW 20,00,000, monthly rent of KRW 430,000,000. Around that time, the instant building was paid to I as deposit and received the instant building on August 1, 2016, and received the fixed date of the said lease agreement on August 29, 2016.

On January 16, 2018, the Defendant leased the instant building at KRW 20,00,000, monthly rent of KRW 450,000 from I, and around that time, paid the deposit money to I, and received the instant building from I. On February 21, 2018, the Defendant obtained the fixed date of the lease agreement.

According to the order of lease registration (2018Kadan100031) issued by this court upon the application of the J which failed to refund part of the deposit for lease from I, the lease deposit was completed with the amount of KRW 5,000,000 on the building in this case.

In the procedure of compulsory auction stipulated in Paragraph (1) of the Disposition on the instant building, the auction court prepared a distribution schedule stating that “The amount of KRW 5,00,000,000 to the J, the Defendant shall be distributed KRW 15,00,000 to the Plaintiff, and KRW 85,81,798 to the Plaintiff,” with respect to KRW 106,598,678 to be actually distributed as of December 9, 2019.

On December 9, 2019, the Plaintiff appeared on the date of distribution implemented on December 9, 2019, and raised an objection against the Defendant regarding KRW 7,00,000 out of the amount of distribution to the Defendant, and filed the instant lawsuit on December 16, 2019.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, and entry of the whole purport of the pleading is as shown in the attached Table of the relevant regulations.

Judgment

According to the aforementioned relevant provisions, the Housing Lease Protection Act is a lessee who has a right to receive a certain amount of a deposit in preference to other secured creditors (hereinafter “small-sum lessee”).