1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 24, 2013, the Defendant: (a) registered the establishment of a neighboring mortgage with the obligor C, the maximum debt amount of KRW 94,900,000,000, with respect to the Dobong-gu Seoul Metropolitan Government Multi-household 203 (hereinafter “multi-household 2”) owned by C (hereinafter “instant multi-household 3”); and (b) provided, as security, the Defendant loaned KRW 73,00,000 to the said C.

B. Upon delay in the payment of principal and interest of C, the Defendant applied for the auction of real estate for multi-household housing in the instant case on August 1, 2014 based on the foregoing right to collateral security, and the auction procedure of real estate was initiated as Seoul Northern District Court B.

C. In the above auction procedure, the Plaintiff concluded a lease contract (hereinafter “instant lease contract”) on October 2, 2013 with the lease deposit of KRW 25,000,000 as of October 2, 2013, the lease term until October 1, 2015, and the fixed date of November 5, 2013 as of November 5, 2013. The Plaintiff completed the move-in report on November 5, 2013, and filed a report on the right and demand for distribution based thereon.

On April 9, 2015, the said auction court distributed the pertinent tax amount of KRW 76,00 in the Dobong-gu Seoul Metropolitan Government with the first priority on the date of distribution, and set up a distribution schedule that distributes the amount of KRW 73,531,325 to the Defendant within the scope of the maximum debt amount of KRW 94,90,000, in the second priority, the Plaintiff raised an objection against KRW 25,000 among the Defendant’s dividends on the said date of distribution, and filed a lawsuit of demurrer against distribution on April 15, 2015.

[Grounds for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3 and 5 (including virtual numbers), and the purport of the whole facts and arguments in this court

2. The gist of the cause of the Plaintiff’s claim is as follows: (a) the Plaintiff paid the said deposit to lease the instant multi-household housing as KRW 25,00,000 by setting the rental deposit as KRW 25,00; and (b) on the date of distribution of the voluntary auction procedure conducted in relation to the said multi-household housing, the Plaintiff should have been recognized as a lessee and received the