1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Federation of Fisheries Cooperatives completed the registration of the establishment of a mortgage with respect to the E Apartment Nos. 116, 920 (hereinafter “instant apartment”) owned by Suwon District Court No. 81039, Sept. 9, 2008, under the Suwon District Court No. 81039, Sept. 9, 2008, the maximum debt amount of which was KRW 910,000,000, and the debtor C with the debtor C.

The defendant was transferred by the Federation of Fisheries Cooperatives the secured claim of the above secured claim.

B. On April 19, 2013, Suwon District Court B issued a voluntary decision to commence the auction on the instant apartment, and the auction procedure was in progress. In the above auction procedure, the Plaintiff filed a report on the right to lease deposit amounting to KRW 14,000,000, alleging that the Plaintiff was a lessee with preferential right to payment under the Housing Lease Protection Act, and filed a report on the right and demand for distribution.

C. On April 1, 2014, a date of distribution, a court of execution distributed KRW 51,630 out of KRW 86,436,793, which is the actual amount to be distributed to the Si of interested parties, who is the holder of the first priority distribution, and distributed the remaining KRW 86,385,163 to the Defendant, who is the holder of the right to collateral security, as well as the creditor of the right to collateral security, and made a distribution schedule that excludes the Plaintiff from the distribution (hereinafter “instant distribution schedule”).

The Plaintiff appeared on the date of distribution, and thereafter raised an objection against KRW 14,00,000, out of the amount of distribution to the Defendant, and thereafter filed the instant lawsuit on April 8, 2014, which was within one week thereafter.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 7, 9 and the purport of the whole pleadings

2. Summary of the parties' arguments

A. At the time of July 22, 2004, the Plaintiff’s assertion entered into a lease agreement with D, a right holder of the instant apartment, with respect to the instant apartment, without setting a lease deposit of KRW 60 million, or a term of lease. A lease agreement with the owner F as of February 22, 201 without setting a lease deposit of KRW 40 million, or a term of lease, is concluded with the owner F at the time of February 22, 201, with the fixed fixed date on June 20, 201.