1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 9, 2012, B entered into a loan transaction agreement with the Korea Standards Bank Co., Ltd. (hereinafter “Non-Party Bank”) and took out a loan of KRW 85,000,000 as of November 9, 2032 under the term of loan, and completed the registration of the establishment of a mortgage on the real estate listed in the separate sheet (hereinafter “the instant real estate”) as the only real estate owned by Non-Party Bank B (hereinafter “the instant real estate”), as of November 9, 2012, the registration office of the Gyeyang District Court of Incheon, the maximum debt amount of KRW 102,000,000 was the maximum debt amount of KRW 52575,00.

B. On December 8, 2012, the Defendant concluded a real estate lease agreement with the term “24,000,000 won for lease deposit, and by December 27, 2014,” stipulating that the instant real estate is leased from B.

C. On December 21, 2012, the Defendant transferred the resident registration of the instant real estate.

The Defendant paid to B KRW 8,800,000 on December 27, 27 of the same year, and KRW 15,000,000 on December 28 of the same year, and resided in the instant real estate from around that time.

E. On January 7, 2013, the Defendant obtained a fixed date in the said real estate lease agreement.

F. On January 10, 2013, Nonparty Bank transferred to the Plaintiff the above loan claim against B.

G. B lost the benefit of May 10, 2013, when interest was overdue from April 2013 on the said loan.

H. On July 24, 2013, the Plaintiff applied for a voluntary auction to the Incheon District Court C, which was ordered to commence the auction of real estate. On the date of distribution implemented on February 11, 2014 in the above auction procedure, KRW 22,00,000 was preferentially distributed to Defendant A, a small lessee, and the distribution schedule was formulated that KRW 58,792,898 was distributed to the Plaintiff, a mortgagee.

[Reasons for Recognition] A.1 through 7 (including a branch number if a branch number exists; hereinafter the same shall apply), B.1 through 15, the Minister of Land, Infrastructure and Transport, the Minister of National Court Administration, the head of D. Dong, and the head of new bank.