1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The instant auction procedure and the Defendants’ report on the rights 1) on June 15, 2015, the Plaintiff filed the instant auction procedure and the Plaintiff’s report on the rights (hereinafter “instant housing”).

As to the registration of the establishment of a neighboring mortgage of the debtor D and the maximum debt amount of 52,00,000 (hereinafter referred to as "the registration of the establishment of a neighboring mortgage of the case").

(2) The Plaintiff applied for the auction of the real estate on the instant house upon the registration of the establishment of the instant mortgage, and on July 5, 2017, the Changwon District Court B decided to commence the auction of the real estate on July 5, 2017.

(3) On the other hand, on August 26, 2016, the Defendant entered into a lease agreement with E to lease the instant house with the owner at the time of the instant house, setting the lease deposit amount of five million won and one year (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”).

(4) On September 19, 2017, the Defendant asserted that the instant house was leased and resided in the auction procedure at the request of E, and filed a report on the right and a request for distribution. The Defendant filed a report on the right and a request for distribution with F, upon the request of E, remitted KRW 5 million to F, and completed the resident registration move-in report on September 21, 2016.

B. In the instant auction procedure, a court of execution prepared a distribution schedule with the following content as to KRW 42,654,659 of the amount to be actually distributed on the date of distribution on April 20, 2018 (hereinafter “instant distribution schedule”) (hereinafter “instant distribution schedule”).

2) First: Defendant - the first priority lessee - the second priority lessee - the second priority creditor - the mortgagee - the mortgagee - the mortgagee - the mortgagee - the mortgagee - the third7,654,659 (the Plaintiff’s credit amount of KRW 46,015,490 = the principal amount of KRW 40,000 = 6,015,490) 2) The Plaintiff appeared on the date of the said distribution, and raised an objection against the whole amount of dividends to the Defendant, and filed the instant lawsuit on April 26, 2018.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, and 7, the purport of the whole pleading

2. The defendant's assertion is an objection.