1. The defendant among the distribution schedule prepared by the above court on June 5, 2015 in the Seoul Northern District Court C real estate auction case.

1. Basic facts

A. On August 28, 2012, the National Savings Bank Co., Ltd. (hereinafter referred to as the “Seong Bank”) is a creditor who created a right to collateral security of KRW 221 million with respect to the second floor of a building on land owned by D, Jung-gu, Seoul and the second floor (hereinafter “instant real property”). The Plaintiff is a creditor who created a right to collateral security of KRW 30 million with respect to the instant real property on February 10, 2014, with the maximum debt amount of KRW 30 million.

B. On September 30, 2014, Nonparty bank applied for an auction of real estate on the instant real estate, and was decided to commence the auction on October 1, 2014.

On June 5, 2015, the auction court distributed the amount of KRW 212,523,358, which can be distributed to the non-party bank, to the non-party bank in the second order, based on the premise that the defendant is a small lessee.

C. The Plaintiff, who did not receive the distribution, raised an objection to the amount of distribution of the Defendant on the said date of distribution, and filed the instant lawsuit on June 11, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is the most lessee who cannot be deemed to have actually concluded a lease contract with D, and the instant distribution schedule made by deeming the Defendant as a small lessee ought to be revised.

B. (1) The legislative purpose of the Housing Lease Protection Act is to ensure the stability of the residential life of citizens by prescribing special cases on the Civil Act with respect to residential buildings (Article 1). Article 8(1) of the Housing Lease Protection Act provides that the lessee may be paid a certain amount of the deposit in preference to other secured creditors. In the case of small-sum lessee, even if the deposit is small-sum lessee, it is a large amount of the deposit, and thus, it is reasonable to guarantee the recovery of the deposit even if it harms the status of other secured creditors.