A. G and H shared each of 1/2 shares of the entire 1/2 shares of building with 162m2 and JJ 9m2 (hereinafter “instant real estate”).

B. On July 24, 2013, the Plaintiff entered into a lease agreement with K, indicating that it is the agent of G, with the terms that the Plaintiff leases the instant real estate from G during the period from August 26, 2013 to August 25, 2015, with the deposit of KRW 30 million, monthly rent of KRW 1.5 million, and the period from August 26, 2013 to August 25, 2015.

On August 26, 2013, the Plaintiff: (a) completed business registration (L) with the instant real estate as its place of business on August 30, 2013; (b) obtained a fixed date on the said lease agreement, and (c) carried out in the instant real estate business after obtaining the delivery of the instant real estate.

C. On July 7, 2014, H filed a request for auction for partition of co-owned property as to the instant real estate, and completed the registration of the entry of the decision to commence auction with the Seoul Northern District Court D on July 7, 2014. The Plaintiff asserted that the Plaintiff is a lessee who paid the deposit amount of KRW 30 million as to the instant real estate, and filed a report on the right and demand for distribution with the executing court

On the other hand, G died on October 23, 2014, while the auction procedure was in progress, and the deceased’s inherited property was jointly inherited by the designated parties M, the Defendant (appointed parties), the designated parties, the F, and the Defendant B (hereinafter referred to as “Defendants”) and K (the designated parties’ share in inheritance: 3/11 shares in inheritance, and 2/11 shares in the remaining successors, respectively).

E. H acquired the ownership of the entire real estate of this case on March 12, 2015, upon receiving the highest bidder’s decision to permit the sale of the instant real estate.

The plaintiff's unpaid rent up to that time is 15,246,428 won in total.

F. On the date of distribution made on April 9, 2015, the executing court distributes KRW 5,030,50 to Dobong-gu Seoul Metropolitan Government (Collection Division), KRW 254,50,894 to H, and KRW 70,781,289, K, the Defendant (Appointed Party), the Appointed F, and Defendant B, respectively.