1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Plaintiff completed the establishment registration of a mortgage on April 23, 2010 on the instant real estate owned C, which constituted a maximum debt amount of KRW 165,100,000,00, in order to secure a loan obligation of KRW 127,00.

(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 May 14, 2013.

(hereinafter “instant auction procedure”). C.

During the auction procedure of this case, the defendant himself paid the deposit amount of KRW 25 million to the court of execution and claimed that he is the lessee who leased the real estate of this case, and filed a report on the right and demand for distribution.

In distributing KRW 128,342,771 on the date of distribution implemented on May 9, 2014, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes KRW 20,00,000 to the Defendant who applied for a demand for distribution as a small lessee, and KRW 236,180 to the Seo-gu Incheon Metropolitan City, which is the holder of the right to deliver, and KRW 236,180 to the Plaintiff who is the holder of the right to deliver, and KRW 108,106,591 to the Plaintiff as the holder of the right to collateral security (hereinafter

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 May 14, 2014, within one week thereafter.

F. Meanwhile, on June 8, 2012, C filed an application for individual rehabilitation with the Incheon District Court 2012 Congress 46303, and the total amount of debt was KRW 201,327,152.

[Ground of recognition] Facts without dispute, Gap's entries, 1 to 7, and 10, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary assertion is that the Defendant concluded a false lease agreement on the instant real estate in collusion with C in order to receive a small-sum lease deposit under the Housing Lease Protection Act.