1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Basic facts

A. On August 18, 2011, the National Bank Co., Ltd. (hereinafter “National Bank”) granted a loan to C, and completed the registration of creation of a neighboring mortgage with respect to “Seoul-dong-dong-dong-dong-gu No. 110, No. 401 (hereinafter “the apartment of this case”)” owned by C on August 18, 201, with the maximum debt amount of the apartment of this case 51,560,000, the debtor C and the mortgagee as the National Bank.

B. C did not repay the principal and interest of the apartment in question, and the National Bank applied for the commencement of voluntary auction on the apartment in this case to the Jung-gu District Court Goyang Branch B, and on September 19, 2014, the registration of the decision on voluntary auction was completed, and the auction procedure was conducted.

(hereinafter “instant auction procedure”). C.

Around July 2, 2014, the Defendant: (a) decided to lease two rooms from C among the instant apartment units in KRW 22,00,000; (b) filed a move-in report and a fixed date on August 18, 2014 as a lessee under the Housing Lease Protection Act; and (c) filed an application for a report on rights and a demand for distribution in the said auction procedure.

On the other hand, the Plaintiff acquired all of the collateral security claims against C from the National Bank, and participated in the auction procedure.

E. Of the amount of KRW 496,741,719 to be actually distributed on May 15, 2015, a court of execution prepared a distribution schedule containing the distribution of KRW 22,00,00 in the first priority order on the premise that the Defendant is a small lessee under the Housing Lease Protection Act; and KRW 472,498,079 out of the Plaintiff’s principal and interest of loan KRW 482,631,211 in the third priority order. The Plaintiff appeared on the date of distribution, and raised an objection against the Defendant’s total amount of dividend, and filed the instant lawsuit within seven days thereafter.

【Ground for Recognition: Facts without dispute, entries in Gap evidence 1, 2, 3, and 5, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The plaintiff 1's primary claim is that the defendant in collusion with C, who is not a lessee, makes only the same appearance as the lessee, or is merely the most lessee.