1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. In the auction procedure stated in the purport of the claim on the Yeonsu-gu Incheon apartment E, 101 Dong 103 (the apartment of this case), the plaintiff asserted that he was a small lessee under Article 8 of the Housing Lease Protection Act concerning the apartment of this case at the executing court.

On February 21, 2014, a court of execution prepared and presented a distribution schedule that distributes KRW 65,886,638 to the Defendant, a mortgagee, and KRW 00 to the Plaintiff (hereinafter “instant distribution schedule”). The Plaintiff made an objection against KRW 16,00,000 among the dividends against the Defendant.

[Ground of recognition] Facts without dispute, Gap 5 evidence (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The plaintiff asserts that since the plaintiff is a small lessee of the apartment of this case, the amount of dividends 65,886,638 won against the defendant should be 49,886,638 won, and the amount of dividends against the plaintiff should be 16,00,000 won.

Accordingly, the defendant asserts that the plaintiff's claim is groundless since the plaintiff prepared a lease contract for the purpose of receiving a dividend in the auction procedure of this case, and it does not enter into a real lease contract or paid a security deposit as a 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 concerning residential buildings (Article 1 of the Housing Lease Protection Act and Article 8(1) of the Housing Lease Protection Act). The purpose of the legislative purpose is to ensure the stability of the residential life of citizens by providing for special cases concerning the Civil Act (Article 8(1) of the Housing Lease Protection Act). In the case of small-sum tenants, even if the security deposit is small-sum tenants, it is a larger property, and thus, it is reasonable to guarantee the recovery of the security deposit even if it harms the status of other secured creditors.