1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Nonparty E, along with Nonparty F, owned 1/2 shares of each of the Plaintiff’s H apartment I (hereinafter “instant apartment”). Of the instant apartment, Nonparty E sold the said shares in the Incheon District Court D real estate auction case regarding the E-owned shares among the instant apartment.

On the date of distribution made on December 28, 2018, the court of execution shall distribute 27,00,000,000 won out of the proceeds from the sale to the Defendant, who is the top priority lessee, and shall distribute 420,400 won to Bupyeong-gu Incheon Metropolitan City, which is the second priority holder (relevant tax), to the Bupyeong-gu, Incheon Metropolitan City, which is the second priority holder, and shall prepare a distribution schedule to distribute 17,29 won, 364,031 won, 880,310 won, 364,031 won, 84,310 won, to the Plaintiff, who is the applicant creditor, as the second priority holder (hereinafter “instant distribution schedule”).

B. The Plaintiff appeared on the date of distribution, and made an objection to the amount of distribution to the Defendant, and filed the instant lawsuit on January 2, 2019, within seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 7; the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff alleged that the Defendant leased the instant apartment from E in KRW 30,000,00 from August 11, 2015, but the instant apartment was co-owned by E and F, but the Defendant entered into a lease agreement independently with E with only the 1/2 share of the instant apartment. At the time, even though the lease price of the instant apartment was at least KRW 200,000,000, the lease price of the instant apartment was at least KRW 30,000, or the supply of urban gas was suspended, it is difficult to view that the Defendant actually occupied the instant apartment.

Therefore, the defendant is the most lessee, and the amount of KRW 27,00,000, which is distributed to the defendant as the lessee of the apartment of this case, is deleted.