1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On October 19, 2012, the Plaintiff entered into a lease agreement with E, the owner of the fourth floor of the DD reinforced concrete structure sloping roof (household) (hereinafter “instant building”) and made a move-in report after receiving a fixed date on the same day. As to subparagraph 202 of the instant building, the Plaintiff entered into a lease agreement with E, who is the owner of the instant building, to lease KRW 50,000,000 per month, KRW 300,000 per month, and the lease period from October 30, 2012 to October 30, 2013.

B. On September 28, 2012, the Defendant entered into a lease agreement with E on the lease deposit for KRW 75,00,000, and the term of lease for KRW 302 regarding the instant building from October 25, 2012 to October 24, 2014, and entered into a move-in report on October 29, 2012 after obtaining a fixed date on October 12, 2012, and moved into the said 302.

C. On August 23, 2013, the Seogu District Court rendered a decision to commence the auction of real estate rent to the above court C with respect to the instant building. On July 8, 2014, the distribution procedure of the said auction case (hereinafter “instant distribution procedure”), the distribution schedule was formulated in order to distribute KRW 19,00,000 to the Plaintiff, who is a lessee of the said auction case, and KRW 75,000,000 to the Defendant, who is the lessee of the fixed date, and KRW 484,029 to the Plaintiff, who is the lessee of the fixed date registry (hereinafter “instant distribution schedule”).

On the date of distribution of the instant distribution procedure, the Plaintiff made a statement of objection against the Defendant’s dividend amount, and filed a lawsuit of demurrer against distribution on July 14, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3-1, 2, and 4, the purport of the whole pleadings

2. Determination

A. Even if the Plaintiff’s assertion is true prior to the Plaintiff’s fixed date, the time when the Plaintiff completed the final delivery of the fixed date, move-in report, and the house against 202 of the instant building as of October 27, 2012, and the Defendant among the instant buildings.