1. It was prepared on November 12, 2015 by the said court with respect to the case of the voluntary auction of real estate B in Sung-nam District Court, Sungnam District Court.

1. Basic facts

A. On June 27, 2013, the Plaintiff completed the registration of creation of a neighboring mortgage, the maximum debt amount of which is KRW 372 million, with respect to “Hanam-si D, 101 Dong 1605 (hereinafter “instant apartment”).

B. On June 29, 2013, the Defendant entered into a lease agreement with C to lease the instant apartment by setting the deposit amount of KRW 20 million, KRW 1 million per month, and the period from July 26, 2013 to July 26, 2015.

C. On November 7, 2014, with respect to the instant apartment upon the Plaintiff’s application, the competent Suwon District Court started an auction procedure for exercising the security right as Sungnam Branch B.

In the above auction procedure on November 12, 2015, the court of execution prepared a distribution schedule with the content that distributes the amount of KRW 309,056,245 to the Plaintiff, a mortgagee of small claims, in the first order from the date of distribution on the date of distribution, and in the third order, the Defendant, a lessee of small claims, who is the right to collateral security (hereinafter “instant distribution schedule”). D.

On November 17, 2015, the Plaintiff appeared on the date of the above distribution, and raised the instant lawsuit on November 17, 2015, which was seven days after the Plaintiff stated an objection to the whole amount of dividends.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff asserts that since the defendant's moving out of the apartment of this case before the commencement of auction and lost the requisite to set up against the defendant, it is unreasonable that the execution court paid dividends to the defendant. 2) The defendant asserts that the defendant still resided in the apartment of this case and moves back again after the temporary withdrawal of the resident registration, he still has the right to receive dividends as small lessee.

B. According to Articles 8 and 3 of the Housing Lease Protection Act, when a lessee has completed the requirements for counterclaim under Article 3(1) of the said Act prior to the registration of a request for auction of a house, i.e., the transfer of a house and the resident registration, a specified amount of the deposit shall be paid prior

However, the above requisite for setting up against it.