1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 19, 201, the Plaintiff entered into a lease contract with E, the owner of the building on land (hereinafter “instant building”) located in the Dong-gu Daejeon Special Metropolitan City (hereinafter “instant land”), setting the lease deposit of KRW 37,00,000, and the lease term of KRW 103 (hereinafter “instant housing”) from January 25, 201 to January 24, 2012. The Plaintiff filed a move-in report on the instant housing on February 11, 201, and filed a move-in report with the Yeonsu-gu Incheon Special Metropolitan City F, 203 Dong 403.

B. As between E on February 29, 2012, the Defendant entered into a lease contract with the term from March 21, 2012 to November 21, 2013 with respect to the instant housing (hereinafter “instant lease contract”) by setting the lease deposit amount of KRW 35,00,000,00, and the term of lease from March 21, 2012 to November 21, 2013, and the Defendant filed a move-in report on the instant housing on March 26, 2012.

C. D. On January 15, 2014, Go Chang Chang Credit Union filed an application for voluntary auction commencement with the Daejeon District Court (Seoul District Court) regarding the instant land and building against E, and received a decision to commence auction from the Daejeon District Court.

In the above auction procedure on October 10, 2014, the distribution schedule was formulated to the Defendant, who is the lessee of the small-sum lessee and the lessee of the fixed-date registry of the instant building, to distribute KRW 35,000,000 to the Plaintiff, who is the person holding the provisional attachment right, and KRW 3,718,957, respectively (hereinafter “instant distribution schedule”).

E. On the date of distribution, the Plaintiff made an objection to KRW 16,00,000, which was distributed to the Defendant as a lessee with a fixed date, on the date of distribution, and filed the instant lawsuit on October 16, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 6, 8 (Evidence No. 5, the same as Evidence No. 2) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment thereon

A. On January 24, 2012, the Plaintiff, before the Plaintiff’s assertion, leased the instant house from E even after the lease contract term expires.