1. Of the distribution schedule prepared on April 23, 2019 by the same court with respect to the case of the voluntary auction of real estate C in Incheon District Court.

1. Facts without dispute;

A. The Defendant reported the right to a small lessee under Article 8 of the Housing Lease Protection Act and made a demand for distribution in the auction procedure described in the order of the real estate stated in the separate sheet No. 1 (hereinafter “instant real estate”) (hereinafter “instant auction procedure”).

B. On April 23, 2019, a date of distribution, a court of execution prepared and presented a distribution schedule indicated in attached Table 2, which was the date of distribution, and the Plaintiff appeared on the said date of distribution and stated an objection against the total amount of dividends of the Defendant, and filed a lawsuit of demurrer against the Defendant within seven days thereafter.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 2 through 5 (including each number in case of additional number), obvious fact in this court, the purport of whole pleading

2. The assertion and judgment

A. On the other hand, the defendant's lease of the real estate of this case is a false declaration of agreement and the defendant is the most lessee, and the distribution of the lease deposit against the defendant should be deleted.

Preliminaryly, the plaintiff is D's creditor who is the owner of the real estate of this case, and D entered into a lease agreement with the defendant as the deposit amount corresponding to the priority repayment of small-sum lease deposit in excess of its obligation. The lease agreement shall be revoked as it constitutes a fraudulent act, and the amount of the defendant's dividends shall be deleted as it shall be distributed to the plaintiff.

B. Considering the legislative purpose of the Housing Lease Protection Act and the purport of the protection system for small tenants, even if the creditor concluded a lease agreement with the debtor on the housing owned by the debtor and resided therein after completing the move-in report, the main purpose of the lease agreement is not to use and benefit from the housing, but to recover the claim prior to the mortgagee’s priority by being protected as a small lessee.