1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 18, 2013, upon the Defendant’s application, who was a mortgagee, the third floor of the Jung-gu Incheon E1 Complex No. 301 (hereinafter “instant housing”), a voluntary decision to commence auction was made to this court C, and the auction procedure was conducted (hereinafter “instant auction procedure”).

B. On November 5, 2012, the Plaintiff asserted that the lease contract between D and D with respect to the instant housing was concluded between KRW 19 million and the term of lease from November 7, 2012 to November 6, 2014 (hereinafter “instant lease contract”), and filed a report on the right and a demand for distribution.

C. On November 5, 2013, the auction court distributed 33,737,790 won to the Defendant on the second priority (applicant creditors). However, the court prepared a distribution schedule with the content that the Plaintiff does not make any distribution by determining the Plaintiff as the most lessee (hereinafter “instant distribution schedule”). The Plaintiff appeared on the date of distribution, and raised an objection against the Defendant’s amount of KRW 19 million out of the Defendant’s distribution amount, and filed a lawsuit of demurrer to the distribution on November 12, 2013, within one week thereafter.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 6, and 9 evidence, and purport of the whole pleadings.

2. The assertion and judgment

A. The parties' assertion that the plaintiff himself/herself is the true tenant who entered into the instant lease agreement with D, and thus, he/she should be distributed prior to the defendant, and the defendant asserts to the effect that the plaintiff is the largest tenant.

B. Determination 1) In full view of the aforementioned evidence, Gap 10 through 12 evidence (including each number of evidence Nos. 11 and 12), and the purport of the entire pleadings, the lease agreement with the plaintiff, setting the lease deposit amount of KRW 19 million (5 million in the contract deposit and the remainder of KRW 14 million in November 7, 2012) and the lease term from November 7, 2012 to November 6, 2014 (hereinafter “instant lease agreement”).