1. The plaintiff's claim is dismissed.

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

1. Presumed factual basis

A. On December 26, 2007, the Plaintiff filed a lawsuit against J to order the payment of unjust enrichment at the rate of KRW 1,297,000 per month from November 1, 2007, as the court of this case 2007Da53857, and as the court of law order the payment of unjust enrichment at the rate of KRW 1,297,000 from November 1, 2007.

B. The J died on March 5, 2014.

C. On September 29, 2017, the Plaintiff is the executive title of the above judgment, and the Plaintiff is a building that J newly built in around 1989 and did not complete the registration, Guro-gu Seoul Metropolitan Government, the first basement roof of the structure slab roof and the second floor and lower than that of the second floor above the ground.

A) An application for compulsory auction was filed for a compulsory auction as to the purport of the claim. D. The Defendants reported a claim for return of a lease deposit as stated in each claim in the above compulsory auction procedure, and demanded a distribution. On September 13, 2018, this court prepared a distribution schedule that distributes the total amount of a lease deposit reported in the first order to the Defendants, who are small lessee, as the small lessee, in the first order on September 13, 2018. [In the absence of any dispute over the grounds for recognition, Gap, 1, 2, 5, and 7, evidence No. 8-1 through 7, evidence No. 8-1 to 7, and evidence No. 10

2. The Defendants asserted by the Plaintiff did not lease part of the instant house from the heir of J or J, the owner of the instant house, but leased it from L and paid the deposit to L. Thus, the Plaintiff’s assertion is not a creditor against the heir of J, the owner of the instant house.

Therefore, it is not possible to receive a distribution in the compulsory auction procedure established in relation to the instant housing owned by the heir of J, and each claim stated in the purport of the claim distributed to the Defendants should be distributed to the Plaintiff.

3. Determination

A. In fact, the terms and conditions of the Defendants’ lease agreement are as follows. The lessor stated in the said agreement as “J” or “JJ agent L” but the Defendants actually concluded a lease agreement is L.

Part on the lease date of the Defendant.