1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As a creditor of Nonparty C, the Plaintiff completed the registration of creation of a neighboring mortgage in the amount of KRW 5,000,000 with respect to the obligor C, the mortgagee, the maximum debt amount, KRW 54,00,00,00 with respect to the E- 5,201, Dong-dong 201 (hereinafter “instant real estate”).

B. On January 21, 2014, the Defendant entered into a lease agreement with C to lease the instant real estate by setting the lease deposit amount of KRW 22,00,000 and the lease term of KRW 5,00 from February 5, 2014 to February 4, 2016 (hereinafter “instant lease agreement”).

C. Upon delay in paying interest, C filed an application for an auction on the instant real estate. On June 24, 2014, the decision to commence the auction on the instant real estate with the Incheon District Court B, and the Defendant filed a report on the right of KRW 22,00,000 as to the instant real estate and the demand for distribution in the real estate auction procedure on July 21, 2014, the said court prepared a distribution schedule to distribute KRW 22,00,000 to the Defendant, who is the lessee of small amount, as the first priority on March 5, 2015, the date of distribution, and distribute KRW 21,286,060 to the Plaintiff, who is the applicant creditor, as the third priority.

On March 11, 2015, the Plaintiff stated an objection to the entire amount distributed to the Defendant on the date of distribution, and filed a lawsuit of demurrer against the distribution of the instant case.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 3 (if there is an additional number, including a branch number; hereinafter the same shall apply), Eul's 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. 1 The plaintiff's assertion regarding the most lessee's assertion that the defendant concluded the instant lease agreement with the real estate brokerage assistant who did not have the power of attorney without the lessor's seat with the lessor and remitted the deposit for lease to the brokerage assistant. The provisional attachment registration regarding the instant real estate was completed one month after the conclusion of the instant lease agreement and approximately five months after the conclusion of the provisional attachment registration.