1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 9, 2010, the Defendant entered into a lease agreement with the Ilsan-si Co., Ltd. (hereinafter “instant apartment”) on a deposit of KRW 42 million, monthly rent of KRW 56,930, and the lease period from July 9, 2010 to July 9, 2012, by setting the lease agreement as the deposit of KRW 42 million, monthly rent of KRW 56,930, and the lease period of KRW 50,000.

B. On January 13, 2012, when the term of lease expires, the Young-jin Housing Co., Ltd. (hereinafter “ Young-jin Housing”) acquired ownership of the instant apartment and succeeded to the status of lessor. On April 3, 2012, the Young-jin Housing issued to the Defendant a certificate of content that contains an expression of rejection of renewal after the expiration of the term of lease.

C. After the expiration of the lease term, the Youngjin Housing did not return the deposit, and on November 7, 2013, the decision to commence compulsory auction was rendered on the apartment of this case on November 7, 2013.

On the date of distribution of the apartment of this case on February 16, 2015, the Defendant received the full amount of KRW 42 million as a lessee. On the date of distribution of the apartment of this case, the Plaintiff received only the remaining amount of KRW 31,176,066 out of the amount of credit of KRW 447,093,150 as a subordinate general creditor.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant continued to occupy and use the apartment of this case even after the expiration of the lease term, which constitutes an illegal possession, and the defendant is obligated to pay damages and penalty to the old-jin Housing in accordance with the lease agreement on the apartment of this case, which should be deducted from the lease deposit. Accordingly, the defendant asserts that the amount equivalent to the damages and penalty out of the lease deposit received as dividends should be returned to the plaintiff, the junior creditor, as unjust enrichment.

In this regard, the defendant did not deliver the apartment of this case because he did not return the deposit money, so it is illegal possession.