1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On January 17, 2012, the Plaintiff completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to real estate indicated in the separate sheet, E, E (hereinafter “instant building”) with the maximum debt amount of KRW 65 million, E, and the Plaintiff as the mortgagee.

B. On July 3, 2013, regarding the instant building, the decision on commencing the instant auction was rendered to the Incheon District Court Branch D, and the Defendant made a demand for distribution as a small lessee at the instant auction procedure.

C. On May 16, 2014, the said court drafted a distribution schedule stating that the Defendant distributes KRW 15 million to the Plaintiff (hereinafter “instant distribution schedule”) at the instant auction procedure, and that the said court distributes KRW 0 to the Plaintiff.

On May 16, 2014, the Plaintiff appeared on the date of distribution, and stated an objection against the whole amount distributed to the Defendant, and filed the instant lawsuit on May 21, 2014.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion is not a legitimate small lessee.

B. The legislative purpose of the Housing Lease Protection Act is to ensure the stability of the residential life of citizens by prescribing special cases on the Civil Act with respect to residential buildings (Article 1). Article 8(1) of the Housing Lease Protection Act provides that the lessee may be paid a certain amount of the deposit in preference to other secured creditors. In the case of small lessee, even if the deposit is small amount of deposit, it is a large amount of property. Therefore, it is reasonable to guarantee the recovery of the deposit even if it harms the status of other secured creditors in the case of small lessee, and it is an exception to the general provisions of the Civil Act.

Considering such legislative purpose and purpose of the system, the creditor shall make a lease contract with the debtor with respect to the housing owned by the debtor.