1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff filed an application for a compulsory auction of real estate under the same support C with respect to each real estate indicated in the indication of the attached property owned by D, with the title of execution in the judgment of the Changwon District Court case No. 2014Kadan4091, Jinwon District Court, Jinwon Branch, which filed against D, as the title of execution, and the same support was decided to commence the auction on February 18, 2016, and on the same day the entry registration was completed.

B. On March 3, 2016, the Defendant reported the right to demand a distribution and made a demand for distribution to a lessee having a fixed date with the support of the Changwon District Court, which was prior to the final period for demanding a distribution ( May 4, 2016).

C. On September 5, 2016, Jinwon District Court: (a) drafted a distribution schedule with a content that distributes the amount of KRW 96,141,830 (for the Plaintiff, the applicant creditor, the distribution rate of KRW 75.97%) to the Defendant; and (b) made an objection against the total amount of dividends to the Defendant on the same day; and (c) filed the instant lawsuit on September 6, 2016.

[Ground of recognition] The absence of dispute or significant facts in this court, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion that the moving-in report and the fixed date were made after the decision to commence the auction was made, and thus, it cannot be asserted against the plaintiff corresponding to the third party as stipulated in the Housing Lease Protection Act. Thus, the measures for the moving-in report and the fixed date were unreasonable by deeming the defendant as the tenant with opposing power and by regarding

B. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence No. 3, Eul evidence No. 2, and evidence No. 3-1 through No. 4, the defendant entered into a lease agreement with D on July 24, 2014 with regard to 30 square meters among the real estate indicated in the No. 2 of the attached real estate No. 4 from D, and entered into a lease agreement with the defendant as to the lease of 20,000 square meters among the real estate indicated in the No. 2 of the attached real estate from D, 50,000 won for the rent month, and 50,000 won for the rent from July 24, 2014 to 24 months for the lease period, and the defendant resided in the above house from around August 2014.