1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In order to secure a debt of KRW 75,00,000 for a loan to C (unregistered: D) on August 10, 201, the Plaintiff completed the registration of the establishment of a neighboring mortgage, which is the maximum debt amount of KRW 109,00,000,00 for the debt of the loan to C (unregistered: hereinafter “instant real property”).

(hereinafter “instant collateral security”). B.

Since then, C did not pay interest on the above loan obligation, the Plaintiff filed an application for a voluntary auction of real estate concerning the instant real estate with the Incheon District Court B, based on the instant collateral security, and received a voluntary decision to commence auction from the above court on July 3, 2013.

(hereinafter “instant auction procedure”). C.

During the auction procedure of this case, the defendant himself paid 24 million won to the court of execution for the real estate of this case from C and claimed that he is the lessee who leased the real estate of this case.

On July 30, 2014, when a court of execution distributes the amount of KRW 72,39,680 to be actually distributed on the date of distribution, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes the amount of KRW 22,00,000 to the Defendant who applied for a demand for distribution as a small lessee, and KRW 81,880 to the Nam-gu Incheon Metropolitan City, Incheon Metropolitan City, which is the holder of the right to deliver, and KRW 50,317,80 to the Plaintiff who is the holder of the right to collateral security (hereinafter “instant distribution schedule”).

E. Accordingly, on the aforementioned date of distribution, the Plaintiff raised an objection to the entire amount of distribution to the Defendant, and thereafter filed the instant lawsuit on August 5, 2014, within one week thereafter.

[Ground of recognition] Unsatisfy, Gap's entries in Gap's 1 through 7, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is the most lessee who concluded a false rental agreement on the instant real estate in collusion with C in order to receive a small amount lease deposit under the Housing Lease Protection Act, and thus, the executing court deemed the Defendant as a small lessee and distributed the amount of KRW 24 million to the Defendant.