1. The plaintiff's claim is dismissed.

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

1. As to the G Building H (hereinafter “instant housing”) owned by the F of the Republic of Korea, the procedure for the public auction of real estate D and E (Dual) for the Goyang District Court (hereinafter “instant auction procedure”). On April 17, 2019, this Court drafted a distribution schedule with which KRW 135,327,896, out of the amount to be actually distributed as of April 17, 2019, the Defendant C limited liability company, the first mortgagee, and KRW 3,89,96, which is the second mortgagee, distributed to the Defendant B, the second mortgagee, the second mortgagee.

The Plaintiff, as a lessee, filed an application for demand for distribution in the instant auction procedure, but was excluded from the distribution, filed the instant lawsuit on April 19, 2019 after raising an objection on the date of distribution.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 5 evidence, purport of the whole pleadings

2. The allegations and judgment of the parties

A. The parties' assertion that the plaintiff himself/herself concluded a lease contract with F and made a move-in report, and the plaintiff is a legitimate small-sum lessee who actually resides in the housing of this case, and the defendants asserted that the plaintiff is the most lessee.

B. According to the written evidence Nos. 3 and 4, the Plaintiff prepared a lease agreement from December 30, 2015 to December 30, 2019 with the purport that the Plaintiff leases F and the instant housing with the term from December 30, 2015 to December 30, 2019, and the Plaintiff completed the move-in report on the instant housing on January 4, 2016, and obtained a fixed date on September 17, 2018.

However, in light of the following circumstances, evidence Nos. 3, 4, 6 and evidence Nos. 1, 2, and 3 as well as the overall purport of the pleadings, the above-mentioned facts and other evidence presented by the Plaintiff alone are insufficient to recognize that the Plaintiff is a genuine lessee who actually leased the instant house, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s assertion cannot be accepted.

(1) The date of preparation on the lease contract, and the plaintiff.