2. The plaintiff's main claim is dismissed.

3. Ansan District Court D. The Suwon District Court D.

A. B obtained a loan from the EF Savings Bank (hereinafter “instant Savings Bank”), and completed the registration of creation of a collateral security (hereinafter “mortgage”) with respect to the instant real estate on July 24, 2012, the maximum debt amount of KRW 72,800,000 in the future of the instant Savings Bank (hereinafter “instant collateral security”).

B. On June 27, 2014, when B failed to repay the principal and interest of the loan, the decision to voluntarily commence the auction procedure (hereinafter “the auction procedure of this case”) was commenced after Suwon District Court was decided to D with respect to the real estate of this case on June 27, 2014. The Plaintiff acquired the above right to collateral security loans from the savings bank of this case and completed the assignment procedure and the additional registration before the mortgage.

C. Meanwhile, between B and April 15, 2013, the Defendant entered into a lease agreement with the Defendant to lease the instant real estate with a fixed period from April 27, 2013 to April 27, 2015 (hereinafter “instant lease agreement”) without a rent, and completed the move-in report on April 16, 2013 and received a fixed date, and filed a report on the right and demand for distribution with the executing court during the instant auction procedure.

On May 8, 2015, a court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 20,000,000,000, out of KRW 203,388,706, which is to be actually distributed, shall be subject to the Defendant’s first priority, and KRW 150,000,00, which shall be subject to the second priority in the Korea Bank (hereinafter “Japan”); and KRW 33,388,706, which shall be subject to the last priority in the Plaintiff, who is the mortgagee; the Plaintiff filed the instant lawsuit on May 14, 2015, which shall be the period for filing the lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, 8 and 9, and purport of the whole pleadings

2. Judgment on the primary cause of the claim

A. The plaintiff's assertion of this case.