1. The plaintiff's appeal is 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.

Basic Facts

On August 10, 2007, the Plaintiff completed the registration of establishment of chonsegwon up to 150 million won for the lease on a deposit basis due to the contract for lease on a deposit basis on August 10, 2007 with respect to the real estate listed in the separate sheet owned by B (hereinafter “instant building”), and paid the above lease on a deposit basis to B around that time.

As the Plaintiff did not refund the deposit money even after the expiration of the period of chonsegwon, the Plaintiff applied for a voluntary auction of the instant building to the Changwon District Court through the Changwon District Court for the auction on October 8, 2009.

In the above auction procedure, H purchased the instant building on December 13, 2010, and on December 28, 2010, a distribution schedule was prepared to distribute KRW 153,784,109 to the Plaintiff.

D, on December 28, 2010, the legal team leader of the Plaintiff filed a claim on behalf of the Plaintiff for the withdrawal of money from the court on behalf of the Plaintiff. At that time D submitted two copies of delegation on December 28, 2010 (Evidence A 5-1 and No. 4) with the seal imprinted by the Plaintiff’s corporate seal imprinted on December 17, 2010, ② the Plaintiff’s corporate seal impression issued on December 17, 2010 (Evidence B), ③ the Plaintiff’s corporate register certified copy, ④ the Plaintiff’s personal seal imprinted on the Plaintiff’s name on December 30, 2010 (Evidence A-7) and the name certificate (Evidence A-7) and the purpose of its use indicated as “the seal imprint affixed.”

Accordingly, the public official belonging to the defendant shall consider D as a legitimate agent of the plaintiff, and deliver D a court order for withdrawal of money and a written order for withdrawal to D to D to the remaining KRW 144,845,069 (hereinafter "the dividend of this case") excluding the amount of provisional seizure of claims among the dividends against D with respect to the plaintiff, and received D money.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, and Eul evidence Nos. 1 through 6 (including branch numbers, if any), and the purport of the whole argument of the plaintiff's argument that the plaintiff's argument should be perused to the plaintiff immediately before the date of distribution.