1. With respect to D Real Estate Compulsory Auction and E (Dual) Cases in Changwon District Court Jinwon District Court, the above court on May 27, 2019.

1. Preparation of the distribution schedule of this case;

A. On September 7, 2017, the Defendant filed a report on the right and demand for distribution with the court of execution by asserting that he/she is a small lessee under Article 8 of the Housing Lease Protection Act on the instant real estate at the court of execution on September 7, 2017.

B. On May 27, 2019, a court of execution prepared and presented a distribution schedule of KRW 48,417,743 to the Plaintiff, the mortgagee, the mortgagee, and KRW 12,000,000 to the Defendant, the lessee of a small amount of money (hereinafter “instant distribution schedule”). The Plaintiff stated an objection against KRW 11,582,257 out of the dividends against the Defendant.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. The parties' assertion

A. In order to expect compulsory execution on the instant real estate and protect it as a small lessee, the Defendant prepared a false lease contract and obtained a fixed date.

B. On September 24, 2010, the Defendant concluded a lease agreement with H, the owner of the instant real estate, and paid KRW 30,000,000 to H at that time.

In addition, on September 24, 2010, the contract date, the defendant filed a move-in report with the real estate in this case, and has been residing in the real estate in this case.

Around 2017, an auction was conducted for the instant real estate, and the Defendant received the distribution of KRW 12,000,000 according to the preferential payment right as a small lessee by making a demand for distribution in the said auction procedure.

3. Determination

A. According to the evidence evidence No. 1, H and the Defendant’s contract date as of September 23, 2010, written a lease contract with the real estate object of this case as of September 23, 2010, written the deposit amount of KRW 30,00,000, and the lease term of the above lease from September 24, 2010 to 36 months, and entered the special agreement that automatically extend the lease term between both parties before the contract expires.