1. The plaintiff's primary claim and conjunctive claim are dismissed, respectively.

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

Facts of recognition

The plaintiff's credit against the non-party B was issued a credit guarantee certificate under the Technology Credit Guarantee Act when the non-party B received a loan from the KAB bank, and the B was loaned from the above bank under this credit guarantee certificate.

In order to secure the above debt, Nonparty B completed the registration of the establishment of a neighboring mortgage of KRW 338,00,000 with respect to the Young-gu Seoul Metropolitan Government C Apartment 621,201 (hereinafter “the apartment of this case”) (Uwon District Court Decision 54538, Jun. 8, 2011).

Since November 14, 2011, B applied for credit guarantee accident and real estate rental auction, the guarantee accident occurred because it was impossible to repay the above loan after the occurrence of the credit guarantee accident and the credit guarantee accident. On February 7, 2012, Korea bank requested the Plaintiff to pay the above loan by subrogation on the part of the Plaintiff based on the technology credit guarantee certificate issued by the Plaintiff. On April 9, 2012, the Plaintiff paid 175,317,600 won to Korea bank.

As the Plaintiff did not perform the obligation of indemnity arising from the said subrogation, on April 17, 2012, the Plaintiff filed an application for the auction of real estate for the exercise of security right against the apartment of this case.

The said real estate of demurrer against distribution was sold at KRW 279,66,600 on September 13, 2012, and the actual amount of dividends, including the proceeds of sale, deducted the cost of execution from KRW 279,884,080, is 276,143,600.

On November 22, 2012, the court of execution prepared a distribution schedule to distribute the dividends of KRW 13,354,564 to the Plaintiff, who is a mortgagee, in the order of priority on November 22, 2012, to the Defendant, who is a lessee of small claims.

On November 22, 2012, the Plaintiff filed the instant lawsuit of demurrer against distribution on the date of distribution on November 27, 2012.

The Defendant entered into a lease agreement with the Defendant on February 14, 2012, the lease deposit amount of KRW 30 million (the contract deposit of KRW 3 million, the remainder of KRW 27 million on February 27, 2012), and the lease term of the instant apartment from February 27, 2012 to February 26, 2014.