1. The plaintiff's claim against the defendants is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. On October 2, 2013, the Plaintiff entered into a real estate lease agreement with Nonparty B on an apartment building No. 113 and No. 1405, Daegu Suwon-gu, Daegu-gu, with a security deposit of 21 million won, monthly rent of 300,00, and lease period of 2 years from October 2, 2013. The Plaintiff filed a move-in report to the said apartment building and was a lessee who received a fixed date. However, on the ground that the Plaintiff did not receive a service on the progress of the auction procedure between the parties detained in a criminal case from August 17, 2014 to December 26, 2014, the Plaintiff sought payment of 210,000 won as unjust enrichment to the Defendants who received money including the above 21 million won, if the Plaintiff had not received a demand for distribution.

The distribution creditor who needs to demand a distribution under Article 88(1) of the Civil Execution Act (Article 605(1) of the former Civil Procedure Act), may receive a distribution only when he/she makes a demand for distribution not later than the successful bid date, and in cases where he/she fails to make a lawful demand for distribution, he/she has the right to demand a preferential reimbursement under substantive law.

Even if it is not possible to receive a distribution from the successful bid price, so if the distribution schedule is prepared and finalized as being excluded from the distribution due to the failure of such creditor to make a lawful demand for distribution, and the distribution has been implemented in accordance with the finalized distribution schedule, it cannot be deemed that there is no legal ground because the amount equivalent to the amount that could have been received in the case where such creditor makes a legitimate demand for distribution was distributed to subordinate creditors. In addition, it is a general case theory that it constitutes a claim for distribution of a small-sum claim claim for which the right to preferential payment is recognized under the Housing Lease Protection Act, which requires a demand for distribution.

(Supreme Court Decision 2001Da70702 Decided January 22, 2002) returned to the instant case and health class.