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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 24, 2012, the Defendant entered into a lease agreement with E on setting the deposit amount of KRW 60,000,000 between December 15, 2012 and December 15, 2014 (hereinafter “instant lease agreement”).
B. While the maturity of the instant lease agreement had arrived and it was difficult for the Defendant to redeem the deposit from E, the Defendant concluded a new lease agreement (hereinafter “the instant lease renewal agreement”) with E on December 24, 2014, setting the lease term as KRW 3,500,000 as part of the lease deposit, and KRW 2,50,000 on December 24, 2014, and on December 23, 2014, with respect to the instant house as of December 23, 2016, by setting the lease term as KRW 54,00,000 (hereinafter “the instant lease renewal agreement”).
C. On September 21, 2015, a distribution schedule was prepared to distribute KRW 19,00,000 to the Defendant, who is a small lessee, and KRW 1,352,903 to the Plaintiff, a mortgagee, in the order of five order of priority in the distribution procedure of the auction case for real estate owned by E including the instant house (hereinafter this Court C Real Estate D).
The Plaintiff appeared on the date of distribution of the auction case, and raised an objection against the total amount of distribution to the Defendant.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2, 3, Gap evidence 6, Gap evidence 7, Eul evidence 1, the purport of the whole pleadings
2. According to the instant lease agreement that was initially concluded by the Plaintiff, the Defendant, who was unable to obtain a preferential repayment as a small lessee, reduced the deposit in the amount corresponding to the small lessee in order to obtain a preferential repayment, and concluded the instant lease renewal agreement with E with E is null and void as a false declaration of agreement. As such, the distribution schedule should be revised to fully delete KRW 19,00,000 distributed to the Defendant.
3. Determination
A. The legislative purpose of the Housing Lease Protection Act is residential.