1. The defendant among the distribution schedule prepared by the court of first instance on March 15, 2018 with respect to the auction case of Daejeon District Court B real estate.

1. Basic facts

A. On June 29, 2016, the Plaintiff acquired the right to collateral security (234,000,000 won) established on the Seo-gu, Daejeon Metropolitan City (hereinafter “instant apartment”) in order to secure the entirety and security of the claim against Aju Capital Co., Ltd. against C, and completed the registration of collateral security transfer.

B. On March 21, 2017, the Defendant entered into a contract to lease the instant apartment from C with a deposit of KRW 30,000,000, and the term of lease from April 18, 2017 to April 17, 2019 (hereinafter “instant lease contract”), and obtained a fixed date on April 19, 2017.

C. On June 28, 2017, the Plaintiff filed an application for voluntary auction with the Daejeon District Court B regarding the instant apartment, and on September 18, 2017, the Defendant filed an application for a report on rights and a request for distribution in the said auction procedure.

On March 15, 2018, the above court prepared a distribution schedule with the content that distributing KRW 20,000,000 among the apartment sale proceeds of this case to the defendant who is a small lessee (hereinafter “instant distribution schedule”), and the plaintiff raised an objection thereto.

On the other hand, the appraisal price of the apartment of this case in the auction procedure is equivalent to 242,00,000 won.

[Reasons for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence No. 1 (including provisional number), the purport of the whole pleadings]

2. The Plaintiff’s assertion is that the Defendant concluded the instant lease agreement in collusion with C to receive dividends by abusing the system of small-sum lease deposit, and the Defendant should be excluded from the distribution of dividends.

3. The Defendant asserts that, after entering into the instant lease agreement, the move-in report was made and the fixed date was received, the Defendant paid the lease deposit amount of KRW 30 million by settling accounts of the existing loan claims, etc. against C.

[Related legal principles] The legislative purpose of the Housing Lease Protection Act is to prescribe special cases on the Civil Act concerning residential buildings.