1. The District Court B and C (Dual) shall be drawn up on May 29, 2015 with respect to the auction of real estate.

1. Basic facts - On May 29, 2015, the distribution schedule was prepared that the Defendant received KRW 20,000,000 as a lessee of the instant house in the order of priority as a mortgagee of the amount of claims 658,920,120, out of the amount of claims 658,920,120, the Plaintiff received KRW 520,261,757, out of the amount of claims 658,920,120 as a mortgagee of the right to collateral security.

- The plaintiff appeared on the date of the above distribution and raised an objection against the whole amount of distribution to the defendant.

[Ground of recognition] Facts without dispute, Gap 1, 3 through 8, purport of the whole pleadings

2. The assertion and judgment

A. In order to obtain a preferential repayment to a small lessee under the Housing Lease Protection Act to determine the cause of the claim, the requirements for setting up against the lessee prior to the registration of application for auction of the house must be met.

(1) Articles 8(1) and 3(1) of the aforementioned Act. However, the Defendant did not make a resident registration on the instant house as his/her residence. However, around December 19, 2013, the fact that the instant house was reported as his/her residence in the Republic of Korea to a Korean national residing abroad does not conflict between the parties, or that it was recognized by the evidence No. 15. Thus, it cannot be deemed as having satisfied the requisite for counterclaim under Article 3(1) of the Housing Lease Insurance Act on the ground that the Defendant reported his/her domicile in the Republic of Korea to a Korean national residing abroad. (see, e.g., Supreme Court Order 2012Ma825, Sept. 16, 2013).

Therefore, the distribution schedule should be revised to distribute the amount of KRW 20 million to the Plaintiff, which is distributed to the Defendant under the above distribution schedule.

B. The defendant's assertion is asserted that the defendant himself/herself is a Korean national residing abroad and cannot complete his/her resident registration by making the instant house a residential place, and only reported his/her residence to a Korean national residing abroad. However, pursuant to Articles 6 and 10-2 of the Resident Registration Act, the Korean national residing abroad