1. The lease contract concluded on May 3, 2014 between the Defendant and B shall be revoked.

1. Facts of recognition;

A. On March 12, 2010, the Industrial Bank of Korea completed the registration of creation of a mortgage with respect to the real estate listed in the separate sheet owned by Nonparty D, and B (hereinafter “instant real estate”), with respect to the real estate as indicated in the separate sheet owned by Nonparty D (hereinafter “instant real estate”).

B. As to the instant real estate, the Industrial Bank of Korea

Based on the right to collateral security stated in the claim, this Court filed an application for a voluntary auction of C real estate, and the above court rendered a voluntary decision to commence auction on August 13, 2014.

(hereinafter the above auction procedure is referred to as “instant auction procedure”).

On the other hand, on May 3, 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the instant real estate, setting the lease deposit amount of KRW 30,000,000, and the term of lease from May 27, 2014 to May 26, 2016.

The Plaintiff is from the Industrial Bank of Korea.

Upon the acquisition of the secured claim on the mortgage set forth in the paragraph, the court of execution submitted a report on change to the creditor.

On October 20, 2015, the execution court prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) in order of 1st priority to the defendant who demanded a distribution as a small lessee on the date of distribution, and 20,000,000 won, and 30,324,021 won, to the plaintiff who is the applicant or the right to collateral security, who is the applicant or the right to collateral security, are distributed in the fourth order.

E. On October 27, 2015, the Plaintiff raised an objection to the entire amount of distribution to the Defendant on the date of the said distribution, and thereafter filed the instant lawsuit on October 27, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 7, the purport of the whole pleadings

2. Determination as to the cause of action

A. The first priority repayment right of small-sum deposit under Article 8 of the Housing Lease Protection Act is granted to a kind of statutory security right that can be repaid in preference to claims secured by mortgages and taxes on leased housing. Therefore, the debtor is owned by the debtor in excess of his/her obligation.