1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is the assignee of the claim based on the final judgment in the Suwon District Court Decision 2005Da33455 (the principal and the interest on delay as of May 28, 2014) and the claim based on the final judgment in the loan refund case (the principal and the interest on delay as of May 28, 2014) (the total amount of KRW 86,554,701) and the Seoul Central District Court 2004Da309690 (the principal and the interest on delay as of May 28, 2014).

B. The Seoul Central District Court C opened a compulsory auction procedure for real estate compulsory sale with respect to D shares, etc. among the land Jung-gu and building No. 1st floor above the Seoul Central District Court E and building No. 1st floor above (hereinafter in this case)

In the above auction procedure, the defendant on October 18, 2012 between D's mother and F as co-owner of the above building, the lease period of 2003

5. From May 29, 200 to the date of signing a lease contract with a deposit of KRW 40,00,000, and after completing a move-in report on May 29, 2003, the said building was asserted as a small lessee under the Housing Lease Protection Act who occupies and uses the said building from the time of the move-in report on May 29, 200, and the said report on the rights

C. On May 28, 2014, on the date of distribution of the above real estate, 32,00,000 won was set out in the order of 1st order to the Defendant, who is in the position of a lessee of small claims among the proceeds from sale of the above shares, and 6,774,775 won was distributed to the Plaintiff, the applicant obligee.

The Plaintiff appeared on the date of distribution, and stated an objection against the whole amount distributed by the Defendant, and filed a lawsuit of demurrer against distribution on June 3, 2014, which was seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, purport of whole pleadings

2. The parties' assertion

A. The lease contract (a evidence No. 2; hereinafter the same shall apply) attached to the report on the right and the written demand for distribution submitted by the plaintiff asserted by the defendant is the contract date May 31, 2010. The report on the right and the written request for distribution are written on May 29, 2003 by the contract date. The above lease contract is the lease contract.