1. A distribution table prepared by the same court on November 21, 2014 with respect to the Seoul Northern District Court B real estate auction case.

1. The following facts may be acknowledged in light of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 2, 3, and 5 as to the basic facts.

On August 9, 2013, the Defendant leased an apartment with the indication of the attached real estate (hereinafter referred to as “instant apartment”) as the leased deposit of KRW 35,00,000, and the term of lease of KRW 21, 2015 (hereinafter referred to as “the lease of this case”).

B. On November 21, 2014, the above court prepared a distribution schedule to distribute the Plaintiff, a small lessee, KRW 25,00,000, KRW 437,420, KRW 420, KRW 289,200, KRW 200, KRW 3,534,425 to the Plaintiff, a mortgagee, who was a mortgagee, to the Plaintiff, a small lessee of the apartment of this case, and KRW 289,20,00, KRW 200, KRW 200, KRW 3,534,425 to the damage insurance company against the instant apartment of this case.

C. The Defendant appeared on the date of distribution of the instant case and raised an objection against the Plaintiff’s dividend amount.

2. The parties' assertion

A. The plaintiff's assertion asserts that the lease contract of this case is invalid as the most recent lease contract, or was concluded by abusing the protection provisions for small lessee under the Housing Lease Protection Act, and that the defendant cannot be protected as a legitimate small lessee.

B. The defendant's assertion is a legitimate small lessee of the apartment of this case, and the defendant asserts that since he met the requirements for counterclaim under Article 3 (1) of the Housing Lease Protection Act before the decision to commence the auction, 25 million won should be distributed in preference to the defendant, who is the right to collateral security.

3. Determination

A. Article 8 of the Housing Lease Protection Act, which recognizes a lessee’s right to receive a specified amount of the lessee’s deposit in preference to other secured creditors, requires that the lessee’s deposit for lease is in need of special protection because it is different from his/her own property.