2. The plaintiff's main claim is dismissed.

3. The plaintiff as added at the trial.

A. C obtained a loan from the Industrial Bank of Korea, and completed the registration of the establishment of a mortgage on August 24, 2004 with the maximum debt amount of KRW 510 million, the registration of the establishment of a mortgage on August 3, 2005 with the maximum debt amount of KRW 240 million, and the registration of the establishment of a mortgage on September 28, 2006 with the maximum debt amount of KRW 300 million.

B. On May 21, 2013, the Defendant entered into a lease agreement with C to pay in advance the lease deposit amount of KRW 40 million for the instant apartment, from May 28, 2013 to May 28, 2014 for the term of lease, and KRW 1 million for the rent of KRW 12 million for a year.

(hereinafter “instant lease agreement”). C.

The Defendant paid C a deposit of KRW 40 million under the instant lease agreement from May 2013 to June 2013.

On August 21, 2013, Seoul Central District Court B rendered a voluntary decision to commence the auction on the instant real estate.

On September 26, 2013, the Industrial Bank of Korea transferred the loan claim against C and the right to collateral security on the apartment of this case to C, and notified C of the transfer of the claim.

E. On October 1, 2014, in the above auction case, on the part of the Defendant, the distribution schedule was prepared to distribute each of the amount of KRW 16 million to the Defendant as the first-class lessee, KRW 851,303,608 (the amount of claims KRW 1,003,843,624) to the Plaintiff, and KRW 2,301,054 to the Defendant as the second-class lessee.

(hereinafter “instant distribution schedule”). On the same date, the Plaintiff raised an objection against the Defendant regarding the total amount of KRW 18,301,054 on the date of distribution, and thereafter filed the instant lawsuit on October 7, 2014.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, Eul's 7, the purport of the whole pleadings and arguments

2. Judgment on the main claim

A. The summary of the Plaintiff’s assertion is the most lessee, and the instant distribution schedule is distributed to the Defendant.