1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In May 201, the Plaintiff, who was employed by C as a member of D companies operated by C, transferred KRW 30 million to C’s account on January 18, 2012. On February 2012, 2012, the Plaintiff, as a director and a resident of the E-Ground building owned by C (hereinafter collectively referred to as “instant real estate”).

B. On February 4, 2013, the Plaintiff completed the registration of the establishment of chonsegwon, which is up to January 30, 2015, with respect to the instant real estate, with C, KRW 50 million, the entire real estate in this case, and the duration of the lease on a deposit basis, and filed a move-in report on the instant real estate on July 26, 2013.

C. Meanwhile, on September 23, 2011, the Defendant completed the registration of establishment of a mortgage on the instant real estate in the maximum debt amount of KRW 42,90,000,000, and on March 30, 2012, the name of the debtor of the establishment of a mortgage on the said real estate was changed to C.

On January 7, 2014, the instant court rendered a decision to commence voluntary auction upon the Defendant’s motion regarding the instant real estate (hereinafter “instant auction procedure”), and the Plaintiff made a demand for distribution as a lessee at the instant auction procedure.

E. On October 20, 2014, the instant court distributed KRW 37,798,338 to the Defendant, and drafted a distribution schedule that does not distribute to the Plaintiff (hereinafter “instant distribution schedule”).

[Ground of Recognition] Facts without dispute, Gap's 2 to 7, 9 evidence, Eul's 1 to 5 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff entered into a lease agreement with C on the instant real estate between January 2012, which constitutes KRW 30 million, and resided around that time.

The moving-in report was delayed due to children's relation, and the registration of establishment of a right to lease on a deposit basis of 50 million won with respect to the real estate in this case was made in an additional statement according to C's request.

It excludes the plaintiff who has the right of priority repayment as a tenant of small amount.