2. The costs of lawsuit shall be borne by the Plaintiff.

A. On March 27, 2013, the Defendant’s wife entered into a lease agreement with D’s agent E on the said apartment (hereinafter “instant lease agreement”) with the terms that the lease deposit amount is KRW 460 million and the lease deposit is from May 18, 2013 to May 17, 2015 (hereinafter “instant lease agreement”), and paid KRW 100 million to D on the same day.

B. C obtained a fixed date from the instant lease agreement on April 1, 2013, and paid 360 million won of the remainder lease deposit to D by May 16, 2013, and the Defendant and C moved into the instant apartment on or around May 21, 2013 and completed the move-in report.

C. On the instant apartment, the Plaintiff paid the sales price as a purchaser in a compulsory auction procedure conducted as F with the Seoul Central District Court for the instant apartment, and completed the registration of ownership transfer for the said apartment on April 18, 2017.

According to the current status survey, the article statement prepared in the above compulsory auction procedure states that “The defendant occupies the apartment as a lessee while residing in the apartment of this case after being transferred on May 21, 2013.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 2, and 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. In the case of the plaintiff's alleged real estate auction, it is common for the tenant to submit a document proving the existence of the right of lease, such as the lease contract, to demand a distribution. The auction record of the apartment of this case does not exist any document about the lease of the defendant, the public transaction system of the Ministry of Land, Infrastructure and Transport does not report the lease of the defendant. In addition, in the case of the apartment of this case where the apartment of this case and the exclusive area of the apartment of this case are the same, the lease deposit amount is 30 million won, and in the case of the apartment with the wide exclusive area