1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 4, 2015 and November 13, 2015, Korea Bank, a mortgagee, filed an application for a voluntary auction with the same court as the Incheon District Court Branch Branch Branch Branch Branch Branch Branch Branch B of the Incheon District Court, with respect to the apartment of this case (hereinafter “instant apartment”) Nos. 1338, 305 (hereinafter “instant apartment”), which owned Lone Starex, and the said court proceeded with the voluntary auction procedure (hereinafter “instant auction procedure”) following the issuance of each of the voluntary auction orders on September 13, 2015.

B. In the instant auction procedure, on October 30, 2015, the Plaintiff and the Plaintiff’s wife E alleged that they were lessee who entered into a lease agreement, and filed a report on the right to lease deposit and a demand for distribution.

On August 2, 2013: The date of the moving-in report for resident registration on August 3, 2013: The date of moving-in report for resident registration on February 24, 2006: the fixed date on January 30, 2013: August 14, 2013.

On March 29, 2016, the apartment house of this case was sold to E at the instant auction procedure. On April 26, 2016, the executing court distributed KRW 355,122,538 as the third-class mortgagee to the Defendant who acquired the right to collateral security of the Industrial Bank of Korea among the proceeds from sale, and prepared a distribution schedule stating that E and the Plaintiff shall not make any distribution (hereinafter “instant distribution schedule”).

C. Accordingly, the Plaintiff raised an objection against KRW 150,000,000 among the Defendant’s dividends on the date of distribution, and thereafter filed the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 and 5 (including additional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. On August 2, 2013, the Plaintiff’s assertion 1 and E jointly leased the instant apartment from Lone Starex Co., Ltd., the owner of which was at the time of August 2, 2013, and obtained a fixed date as of the 14th day of the same month, and E completed the move-in report on each resident registration on February 24, 2006, and the Plaintiff completed the move-in report on January 30, 2013.