1. The plaintiff's claim is dismissed.

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

1. In full view of each description of evidence Nos. 1 to 3 and 5, the following facts are recognized, taking into account the purport (including the fact that there is no dispute) of the entire argument:

On June 25, 2008, the Industrial Bank of Korea completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 212,400,000,000 with respect to the G Co., Ltd., whose representative director is the president, and the registration of the establishment of a mortgage over the claim against D Co., Ltd., which was owned by D, in Seoul Special Metropolitan City, 101,303 (hereinafter “instant apartment”).

On January 20, 2016, the Industrial Bank of Korea (Seoul Eastern District Court B and C) received voluntary decision on commencing the auction of the apartment of this case based on the above two collateral mortgages.

On December 16, 2016, the Seoul Eastern District Court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes dividends of KRW 462,283,09 to the Defendant, who is the successor to the Industrial Bank of Korea, the successor to the Industrial Bank of Korea, which is the third secured mortgage, to the Defendant, the successor to the Industrial Bank of Korea, which is the third secured mortgage, to the third secured mortgage holder, in Seoul Special Metropolitan City Gwangjin-gu, Seoul Special Metropolitan City. 729,400,000, and KRW 249,153,69, which is the successor to the Industrial Bank of Korea.

2. The plaintiff's assertion and judgment

A. On July 13, 2012, the Plaintiff asserted that: (a) on several occasions from October 23, 2009 to September 15, 201, the Plaintiff leased KRW 35,000,000 to F, an external village, and was unable to receive the said money; (b) concluded a lease agreement on one column among the apartment units of this case with the said loan as security deposit; (c) occupied on July 23, 2012; and (d) completed the move-in report until July 24, 2012.

Therefore, the Plaintiff, as a lessee of the apartment of this case, has the right to preferentially pay KRW 35,00,000 to the Defendant, so the instant distribution schedule should be deleted from the amount of dividends to the Defendant and distributed KRW 35,00,000 to the Plaintiff.

B.(1) The lease shall be made as to whether a person is a first-come, first-served creditor.