1. It was prepared on September 7, 2016 by the same court with respect to the auction case of Suwon District Court B's real estate auction case.

1. The underlying facts (fact that there is no dispute) C is the owner of the D Apartment No. 101, 905 (hereinafter “instant real estate”).

In order to preserve C’s claim 1,347,00,000 won for indemnity against C, the Plaintiff was subject to the provisional attachment decision (this court 2014Kadan1001523) on November 3, 2014, and the provisional attachment registration was made on the same day.

On January 8, 2015, the auction procedure was initiated on the instant real estate B in this court.

On November 7, 2014, the Defendant entered into a lease agreement with the lease deposit of KRW 30,000,000 on the instant real estate, and with the lease term of KRW 30,000 on December 3, 2014 through December 2, 2016, and applied for a report on the right and a demand for distribution as a lessee at an auction court on the ground that it has obtained the move-in report on December 8, 2014 and the fixed date on December 10, 2014.

On September 7, 2016, the auction court distributed 22,000,000 won to the Defendant as a tenant of small amount, and the Plaintiff, a creditor of provisional seizure, was not entitled to all dividends.

On the date of distribution, the plaintiff raised an objection against the total amount of dividends distributed by the defendant.

The defendant is the spouse of Category C E.

[Ground of recognition] Facts without dispute, entry of Gap 2-4, 12, 13 evidence, purport of the whole pleadings

2. The plaintiff's assertion is the most lessee.

Even if the defendant is not the most lessee, C's act of entering into a lease agreement with the defendant and setting the right of lease with respect to the only real estate in excess of debt is a fraudulent act.

Therefore, the defendant's amount of dividend should be reduced and distributed to the plaintiff.

3. Considering the fact that most frequently rental agreements are made to evade debts by using the Housing Lease Protection Act to protect small tenants in the auction procedure for real estate, and that it is exceptional to conclude a lease agreement between the families, in particular, where the lessee is the owner of the real estate, the conclusion of the contract and the payment of the deposit shall be made.