1. Of the distribution schedule prepared on November 26, 2015, the said court in the Changwon District Court B’s auction of real estate.

1. The following facts may be acknowledged in full view of the purport of the entire pleadings, either of the parties to a dispute or of Gap evidence Nos. 1, 2, and 5.

In the auction procedure of real estate B in the Changwon District Court, which was conducted upon the request of the plaintiff, who is a mortgagee, with respect to the 1st floor of the D apartment No. 101 of the 1st, Kimhae-si, Kim Jong-si, a non-party C owned by the defendant, the defendant claimed that he is a small lessee of the above apartment amounting to KRW 20,00,000,000, and that he demanded a distribution based on

B. Accordingly, the executing court prepared a distribution schedule with the content that distributes the amount of KRW 15,00,000 among the amount of KRW 77,061,747 to be actually distributed on November 26, 2015 to the Defendant, who is recognized as the top priority lessee, in the order of first priority, and the amount of KRW 17,894,907, in the order of fourth priority, to the Plaintiff as the mortgagee, and presented it to the interested parties. The Plaintiff stated an objection against the amount distributed to the Defendant and filed a lawsuit of demurrer to the distribution of this case within seven days thereafter

2. The parties' assertion and judgment

A. The Plaintiff asserted that the distribution schedule should be revised by the Defendant’s distribution of the above amount distributed to the Defendant to the Plaintiff, merely because the Defendant merely prepared a false lease contract on the instant apartment, and merely the most lessee seeking to receive the distribution of the said amount, the Defendant entered into a lease contract with C on February 5, 2015 with C to lease the instant apartment amount of KRW 20,000 from C, and completed the move-in report by the same day after the payment of the above lease deposit, and thus, the Plaintiff asserted that there was a preferential right to payment as a small lessee under the Housing Lease Protection Act.

B. Therefore, as to whether the Defendant actually entered into a lease agreement with C and paid the lease deposit, and whether the Defendant resided in the instant apartment complex from the Health Unit and the Defendant and C on February 5, 2015.