1. The plaintiff's claim is dismissed.

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

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1, 2, 2, 2 through 4, 6, 16, 17, 19-1 through 3, and the whole purport of the pleadings.

In around 190, the Plaintiff leased 56.198 square meters, part of the attached building (hereinafter “instant building”) among the buildings listed in the attached Form (hereinafter “instant building”) to KRW 34,00,000, and completed business registration from November 30, 1990 to “B” and conducted business.

B. On December 3, 2003, the Plaintiff entered into a lease contract under the same conditions as C, the new owner of the above building. On December 5, 2003, the Plaintiff obtained a fixed date in the said lease contract.

C. On June 4, 2009, the Defendant completed the registration of the establishment of a neighboring mortgage of KRW 390,000,000 with respect to the instant building.

On October 23, 2013, the Gwangju District Court commenced the real estate auction procedure (D) on the instant building. On December 26, 2013, the Plaintiff asserted that he/she was a lessee with the opposing power under the Commercial Building Lease Protection Act and filed a report on his/her right and demand for distribution, but the said court distributed KRW 329,176,49 to the Defendant, excluding the Plaintiff from distribution, on November 7, 2014.

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Plaintiff registered as a lessee with opposing power under the Commercial Building Lease Protection Act, and obtained the fixed date on December 5, 2003, but the above court excluded the Plaintiff from the dividends of the above auction procedure, and distributed the Defendant, who completed the registration of the establishment of a mortgage in the night on June 4, 2009, later than the date on which the above fixed date was obtained, so the Defendant should return to the Plaintiff unjust enrichment of KRW 34,00,000, which is equivalent to the above fixed date.

B. The registration of business under Article 3(1) of the Commercial Building Lease Protection Act is effective to publish any lease.