All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. Article 3-2(2) of the Housing Lease Protection Act provides that a housing lessee who has met the requirements for counterclaim (transfer of a house and transfer of a resident registration) and the fixed date indicated in a lease agreement document shall have the right to be paid a security deposit in preference to junior creditors

The purpose of this is to recognize the right similar to the real estate security interest to the housing lessee (hereinafter referred to as the “ lessee on a fixed date”).

(See Supreme Court Decision 2007Da45562 Decided November 15, 2007). Article 8(1) of the Housing Lease Protection Act provides that a lessee has the right to receive a certain amount of a deposit in preference to other secured creditors.

Such tenant(hereinafter referred to as “small-sum lessee”) can be paid a certain amount of deposit in preference to not only the secured right holder such as the mortgagee but also the lessee with a fixed date.

On the other hand, Article 8 (3) of the Housing Lease Protection Act provides that the scope and standard of a specified amount among small tenants and deposit money shall be determined by Presidential Decree.

Accordingly, the scope of "security deposit to become a small lessee" and "a certain amount of security deposit to be preferentially paid" has been continuously increased due to the revision of the Enforcement Decree of the Housing Lease Protection Act. The Enforcement Decree of the Housing Lease Protection Act (hereinafter referred to as the "Housing Lease Protection Act") has included a transitional provision that "the former provision shall apply to a person who has acquired security right to a leased house before this Decree enters into force."

These transitional provisions are relatively applicable between small-sum lessee and security right holder or fixed-date lessee.

Therefore, if the time of the security right or the time of setting up against the tenant with the fixed date is different and the standard amount of the enforcement decree applied at that time is different, it shall be between the small amount lessee and each secured right holder or the fixed date lessee.