1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On July 31, 2017, the Busan District Court rendered a decision to commence compulsory auction on July 31, 2017 regarding F’s share 2/11 among the Busan District Court’s land and ground buildings (hereinafter “instant real estate”).

B. On July 16, 2018, the executing court: (a) distributed KRW 30,00,000, out of the amount to be distributed as of July 16, 2018, to the J, the lessee of the fixed date registry; and (b) drafted a distribution schedule stating that the remainder of KRW 10,333,210 is distributed to the Defendant, the seizure authority, who is the Defendant (hereinafter “instant distribution schedule”).

C. On July 23, 2018, the Plaintiff appeared on the date of the foregoing distribution, and raised a lawsuit of demurrer against the distribution of the Defendant.

[Ground of recognition] The fact that there is no dispute, and the purport of Gap's evidence Nos. 1 and 4, as a whole, and the whole pleading

2. The plaintiff's assertion and judgment

A. On September 1, 2004, the Plaintiff asserted that the second floor among the instant real estate was leased to KRW 27,00,000,000, and the Plaintiff completed the resident registration on the same day, and obtained the fixed date on January 7, 2005, and thus, the Plaintiff was entitled to preferential payment under the Housing Lease Protection Act to the Defendant as a fixed date lessee, a lessee or a small-sum lessee with the preferential

Therefore, the distribution schedule of this case must be revised as stated in the purport of the claim.

B. We examine the judgment, and since the plaintiff did not assert or prove the facts constituting the grounds for objection to a distribution in a lawsuit of demurrer to a distribution, the plaintiff who claims the return of lease deposit is liable to prove the conclusion of a lease agreement and the payment of lease deposit.

According to the health stand, evidence Nos. 2 and evidence No. 7-2 of this case, the plaintiff as lessee, E and F as lessor, the lease deposit amount of KRW 27,00,00,00, the second floor of the real estate in this case, the lease term of the leased object was established from September 1, 2004 to 24 months, and the plaintiff as of September 1, 2004.