A. On August 19, 2013, the Plaintiff completed the registration of the establishment of the second-class H building No. 1 (hereinafter “instant building”) of the Y building No. 1 (hereinafter “instant building”) located in Jeonnam-do, Jeonnam-do, G, and the first-class establishment of the H building G, which became the debtor G.

B. On April 27, 2015, Nonparty J completed the registration of ownership transfer on the ground of sale on April 17, 2015 with respect to the instant building. On April 30, 2015, Nonparty J completed the registration of ownership transfer on the ground of sale and purchase, and on April 30, 2015, Nonparty J changed the debtor to J as to the registration of ownership transfer on the ground of the Plaintiff’

C. After that, at the request of the Plaintiff and Nonparty K with respect to the instant building, the procedure for the public auction of the real estate rent E and F (Dual) in Gwangju District Court (hereinafter “instant auction procedure”) was commenced. In the instant auction procedure, the Defendant filed a report on the right and demand for distribution as follows, asserting that he leased the instant building from J in the execution court, at the instant auction procedure, the Defendant filed a lease contract by asserting that he leased the instant building from J.

(3) Term of lease: From September 1, 2015 to September 1, 2017, the occupancy date: 5 October 22, 2014; 5 A fixed date: < Amended by Presidential Decree No. 27817, Jul. 27, 2016>

In the instant auction procedure, on June 20, 2018, a court of execution prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) to distribute the amount of KRW 14,00,00 to the Defendant of a small lessee in the first order among the amount to be actually distributed after deducting the execution expenses on the date of distribution on the date of distribution, KRW 69,979,159, and KRW 202,470 to the Defendant of a small lessee in the second order, and KRW 55,76,689 to the Plaintiff of a collective security (hereinafter referred to as “instant distribution schedule”).

E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the full amount of the distribution to the Defendant, and filed a lawsuit of demurrer against distribution on June 26, 2018.

[Reasons for Recognition: Facts without dispute, Gap 1, 2, 4 evidence, Eul 1-3, Eul 2-2, the purport of the whole pleadings]

2. Determination:

A. The plaintiff's assertion is made before J purchases the building of this case.