1. The plaintiff's claim is dismissed.

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

1. The following facts do not conflict between the parties, or may be found by the respective entry (including paper numbers; hereinafter the same shall apply) in Category A(1) to Category A(5) and Category B(11) and the entire purport of the pleading, and there is no counter-proof.

On March 8, 2016, the Plaintiff filed a lawsuit against D for the payment of construction cost as Seoul Northern District Court Decision 2015Da50863, and received a judgment in favor of the Plaintiff that “D shall pay the Plaintiff KRW 122,00,000 and its delay damages.” The said judgment became final and conclusive on March 29, 2016.

B. On April 12, 2016, the Plaintiff filed an application with the Seoul Northern District Court for a compulsory auction on the E-mail and the two-story housing (hereinafter “instant housing”) owned by D with the final judgment rendered by Seoul Northern District Court 2015Kadan50863 as the executive title, and filed an application for a compulsory auction on the instant housing (hereinafter “instant housing”).

(hereinafter the above compulsory auction is referred to as the “instant auction”).

In the auction procedure of this case, the defendant asserted that he was the lessee of the second floor among the housing of this case, and filed a report on the right to lease deposit and a demand for distribution as follows.

(3) Term of lease: From March 2, 2009 to March 2, 2009, the date of transfer: 5 March 2, 2009; No fixed date:

D. On October 31, 2016, a court of execution prepared a distribution schedule with the content of distributing KRW 17,000,000 to the Defendant who demanded a distribution as a lessee on the date of distribution, and KRW 18,455,03 to the Plaintiff, the applicant creditor, who is the applicant creditor, (hereinafter “instant distribution schedule”). The Plaintiff appeared on the said date of distribution, stated an objection against the total amount of the Defendant’s dividends, and filed the instant lawsuit within one week thereafter.

2. The assertion and judgment

A. The Plaintiff asserted that: (a) the Defendant concluded a lease agreement despite the completion of the registration of establishment of a senior mortgage on the instant housing; and (b) the Defendant.