1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s assertion is a lessee who entered into a lease agreement on March 9, 2010 with respect to the Eunpyeong-gu Seoul Metropolitan Government C Apartment 927 Dong 902 (hereinafter “instant real estate”), which is owned by B, and paid the lease deposit of KRW 337,042,00, and obtained a fixed date along with the move-in report on November 4, 2010. Since then, the Plaintiff did not demand a distribution under the voluntary auction procedure (this court D) with respect to the instant real estate.

However, the Defendant, who acquired the right to collateral security from the National Bank, a creditor requesting the above auction, has received a total of the maximum debt amount of KRW 564,00,00,00 from the National Bank, and received an additional amount of KRW 50,954,125 from the interest claim in excess of the distribution procedure, is unjust enrichment against the Plaintiff, who is the general creditor, as the lessee with a fixed date, and thus, sought the transfer of the claim indicated in the separate sheet and its notification, and sought a return of unjust enrichment equivalent to the

2. Unlike the case of creditors entitled to receive a distribution as a matter of course, such as the creditor of provisional seizure registered prior to the entry into force of the seizure, the mortgagee and the person having a right to lease on a deposit basis extinguished by the successful bid, who had been registered prior to the entry into force of the seizure, etc., a creditor entitled to receive a distribution only when he/she made a demand for distribution by the successful bid date. In cases where he/she did not make a lawful demand for distribution, the creditor has

Even if it is impossible to receive a distribution from the successful bid price, so if the distribution schedule is prepared and finalized to exclude the distribution from the distribution due to the failure of such creditor to make a lawful demand for distribution, and the distribution has been executed in accordance with the final distribution schedule, the amount equivalent to the amount that could have been entitled to receive a distribution has been distributed to the subordinate creditor by virtue of the fact that the said creditor made a lawful demand for distribution.