1. On November 16, 2012, the real estate entered in the separate sheet between the Plaintiff (Counterclaim Defendant) and B was entered into between the Plaintiff (Counterclaim Defendant).

1. The facts under the recognition do not conflict between the Parties.

On November 16, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the real estate listed in B and the separate sheet (hereinafter “instant real estate”) with respect to the lease deposit amounting to KRW 32,00,000,000, and the lease period from November 28, 2012 to November 27, 2014 (hereinafter “instant lease agreement”).

B. On June 10, 2013, on the instant real estate, the procedures for voluntary auction commenced with the Seoul Northern District Court C (hereinafter “instant auction procedures”) on the application of the Defendant Dae-dong Treasury. On April 18, 2014, the Plaintiff completed the registration of ownership transfer on the instant real estate due to the sale by voluntary auction.

C. On May 28, 2014, the Seoul Northern District Court distributed KRW 364,187,367 to the Defendant Young-gu, the transferee of the Industrial Bank of Korea on the date of distribution of the instant auction procedure, and KRW 13,970,240 to the Defendant Dae-dong Treasury. The Plaintiff raised an objection against KRW 11,029,760 out of the dividend amount of the Defendants.

2. Determination on the main claim

A. The plaintiff asserts that the plaintiff is entitled to receive dividends within the scope of the right of priority repayment, since he/she constitutes a small lessee protected under the Housing Lease Protection Act by occupying the real estate in this case after concluding the lease agreement with B and paying all the lease deposit.

The Defendants asserted that the Plaintiff is the most lessee who entered into a false lease agreement to receive a small amount lease deposit, knowing that the auction will be commenced with respect to the instant real estate.

B. The main purpose of the 1 lease agreement is not to use a house and to gain profit therefrom, but to recover the claim in preference to a prior mortgagee who is actually protected as a small lessee.