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1. Of the distribution schedule prepared on March 13, 2014 by the above court with respect to the case of the voluntary auction of real estate B by the Seoul Central District Court.
Reasons
1. Basic facts
A. On March 21, 2013, the Seoul Central District Court rendered a decision to commence voluntary auction of B real estate on March 21, 2013 with respect to the Seongbuk-gu Seoul Metropolitan Government D apartment 1,002 (hereinafter “instant apartment”).
B. In the above auction procedure, the Defendant concluded a lease contract with C on December 28, 2012 with a deposit of 25 million won (hereinafter “instant lease contract”) and applied for a report on the right and a request for distribution.
C. On March 13, 2014, the auction court recognized the Defendant as the first-class lessee and distributed KRW 20 million to the Plaintiff, who is the right to collateral security, with the second priority of KRW 183,195,547, and KRW 1,531,784 in the second priority of KRW 5 million, among the Defendant’s deposit, to the Plaintiff, who is the right to collateral security.
The Plaintiff appeared on the date of distribution, and raised an objection to the entire amount of dividends of the Defendant, and filed the instant lawsuit on March 19, 2014, within one week thereafter.
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings
2. Determination:
A. The plaintiff asserts that the distribution schedule should be revised to distribute the amount distributed to the defendant to the plaintiff, since the defendant's abuse of the right of priority repayment of small-sum lessee under Article 8 of the Housing Lease Protection Act cannot be protected by the above law, and ultimately, it cannot be legally protected by the priority repayment.
B. The legislative purpose of the Housing Lease Protection Act to determine whether the Defendant is entitled to receive the Housing Lease Protection Act as a small lessee is to ensure the stability of the residential life of citizens by prescribing special cases concerning residential buildings (Article 1). Article 8(1) of the Housing Lease Protection Act provides that the lessee is entitled to receive a certain amount of the deposit in preference to other secured creditors.