1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. In order to secure C’s loan claim, the Defendant completed the registration of creation of mortgage (hereinafter “instant collateral security”) over the obligor C, the maximum debt amount of KRW 478,400,000 on July 16, 2012, which was received on July 16, 2012 from the Seoul Eastern District Court (Seoul Eastern District Court No. 40627, Jul. 16, 2012) with respect to the No. 805 of Dong-dong, Songpa-gu (hereinafter “instant apartment”).

B. On January 13, 2014, the Defendant applied for a voluntary auction of the instant apartment on the instant apartment based on the instant collateral security, and was issued by the said court on January 13, 2014.

(hereinafter “instant decision to commence the auction”). C.

In the instant auction procedure, on November 15, 2013, the Plaintiff filed a report on the right and demand for distribution (35 million won) by asserting that he/she is a small lessee who leased the instant apartment from C with the deposit for lease of KRW 35 million.

On October 24, 2014, with regard to the amount to be actually distributed 416,876,063 won on the date of distribution implemented on October 24, 2014, the court of execution prepared the distribution schedule with the content of allocating 833,160 won to Songpa-gu Seoul, the seizure authority (the pertinent tax) and 373,533 won to the branch office of the National Health Insurance Service, the distribution authority, the second priority, and 1,617 won to Songpa-gu, the seizure authority (tax), and 415,667,753 won to the Defendant, the mortgagee and the mortgagee, the non-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed (the instant distribution schedule) (the amount of principal of KRW 368,00,000 + the maximum debt amount of KRW 120,568,477 won), 478,400,000 won.

E. On the aforementioned date of distribution, the Plaintiff raised an objection against the amount of distribution to the Defendant, and thereafter filed the instant lawsuit on October 24, 2014, one week thereafter.

(Grounds for recognition: Facts without dispute, Gap evidence 2, Eul evidence 1, Eul evidence 2, Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion.