1. The foregoing court was drafted on October 23, 2014 with respect to the case of compulsory auction of the real estate B in the Gwangju District Court Gwangju District Court Gwangju District.

1. Basic facts

A. C owned D Apartment-dong 208 (hereinafter “instant apartment”). On March 7, 2014, upon C’s application of D&C Co., Ltd., a creditor, C, the compulsory auction (hereinafter “instant auction”) on the said apartment was commenced on March 7, 2014.

B. Accordingly, the Plaintiff, as executive title, participated in the said auction procedure and demanded the distribution of KRW 55,650,045,000,045, the Gwangju District Court Decision 2014Gau73215, supra.

C. After that, on October 23, 2014, the above auction court prepared a distribution schedule with the content that the defendant, who is the lessee of small claims, distributes 14,00,000 won (100% of the amount of claims) to the plaintiff, who is the right to demand a distribution, in the second order, and omitted the entry of the result of distribution to the other creditors.

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

Meanwhile, in the above auction procedure, the lease contract submitted by the Defendant while filing a report on the right and demanding the distribution, stated that the Defendant leased the "sken" among the apartment buildings of this case from C on September 30, 2013 to KRW 14,000,000 (hereinafter “instant lease contract”).

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 2 through 5 (including branch numbers for those with a shot number), the purport of the whole pleadings

2. The Plaintiff’s assertion of the instant lease agreement is the most advanced lease agreement concluded by the Defendant and C in collusion with the Defendant to preferentially receive the small amount deposit.

Therefore, it is illegal to consider the defendant as a genuine small lessee and make the distribution prior to the plaintiff.

3. Determination

A. Article 8 of the Housing Lease Protection Act recognizes a lessee's right to receive a specified amount of the lessee's deposit in preference to other secured right holders.