The distribution schedule prepared on April 20, 2020 with respect to D and E (Dual) auction cases of real estate shall be prepared by this court.

1. Facts of recognition;

A. On January 21, 2009, the F completed the registration of ownership transfer with respect to G building H (hereinafter “instant housing”) at the time of Jin-si, Jin-si, Seoul, and the Defendant completed the registration of ownership transfer with respect to the instant housing on February 22, 2011, the establishment of the mortgage of KRW 1 and the maximum debt amount of KRW 234 million with respect to the instant housing.

B. At the Defendant’s request, there was a decision to commence the voluntary auction on the instant housing (hereinafter “instant voluntary auction procedure”). At the instant voluntary auction procedure, J, on March 19, 2020, drafted a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 14,00,000, out of KRW 98,628,539, the amount to be actually distributed to the Defendant, who is the lessee of small claims, and the remainder of KRW 84,628,539, which is the mortgagee, distributed to the Plaintiff, who is the mortgagee, the mortgagee of small claims, the amount of KRW 14,00,000, out of KRW 98,628,539.

C. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the total amount of dividends to the Defendant, and filed the instant lawsuit on April 24, 2020.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 5, and 10, and the purport of the whole pleading

2. Determination on the cause of the claim

A. In light of the legislative purpose of the Housing Lease Protection Act and the purport of the protection system for small tenants, etc., even if the creditor concluded a lease agreement with the debtor on the housing owned by the debtor and resided therein after completing the move-in report, if the principal purpose of the lease agreement was not to use and profit from the housing, but to recover the claims prior to the mortgagee’s priority by being protected as a small lessee, such tenant cannot be protected as a small lessee under the Housing Lease Protection Act (see Supreme Court Decision 2007Da23203, May 15, 2008).