1. The Seoul Northern District Court C’s distribution schedule prepared on May 24, 2017 with respect to the case of the voluntary auction of real estate.

1. Basic facts

A. As to the real estate listed in the separate list owned by D (hereinafter the instant housing), this Court C had followed the auction procedure for real estate.

B. On the date of distribution on May 24, 2017, the auction court: (a) deemed the Defendants as lawful small-sum lessee and distributed KRW 29,890,017, respectively, in the first order; and (b) drafted a distribution schedule that distributes KRW 59,692,155 to the Plaintiff, who is the applicant creditor.

C. On May 29, 2017, the Plaintiff raised an objection to the entire amount distributed to the Defendants on the date of distribution, and filed a lawsuit of demurrer against the distribution of this case.

The amount of claims by the Plaintiff on the basis of the above date of distribution was KRW 112,00,00, interest KRW 36,186,823. The Plaintiff’s maximum amount of claims on the first priority collective security was KRW 79,20,000, and the maximum amount of claims on the second priority collective security was KRW 55,20,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 13, 15, 19, 20, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserts that the agreement between the Defendants and D is null and void as a false representation, or that the establishment of the right of lease subject to the right of priority repayment against the Defendants should be revoked as a fraudulent act in excess of obligations by D, which is, the debtor and owner. Therefore, the distribution schedule should be revised to distribute the dividend amount to the Plaintiff.

B. The legislative purpose of the Housing Lease Protection Act is to ensure the stability of the residential life of citizens by prescribing special cases on the Civil Act with respect to residential buildings (Article 1). Article 8(1) of the Housing Lease Protection Act provides that the lessee may be paid a specified amount of the deposit in preference to other secured creditors. In the case of small lessee, even if the deposit is small amount of deposit, the lease deposit is a large amount of property. Therefore, at least, in the case of small lessee, the status of other secured creditors is harmed.