1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 13, 201, the New Bank Co., Ltd. (hereinafter referred to as the “New Bank”) registered the creation of a mortgage (hereinafter referred to as the “mortgage”) around KRW 528,00,000 with respect to D Apartment Nos. 506, 301 (hereinafter referred to as the “instant apartment”) owned by C on July 13, 201, in order to secure the claim for a loan to C.

B. On January 11, 2013 between the Defendant and C, the deposit amount of KRW 35,00,000 for the instant apartment, KRW 1,000,00 for the monthly rent, and KRW 3,000 for the lease period from January 14, 2013 to January 13, 2014. The remainder amount of KRW 32,000,000 for the lease period was paid and received on the contractual date, and the remainder amount was paid on January 14, 2013. As a special agreement, the Defendant, a lessee, drafted a one-year lease agreement that the Defendant would pay KRW 12,00,000 for the monthly rent from January 16, 2013 to January 15, 2014; and the remainder amount was revised on January 16, 2013, respectively.

(hereinafter referred to as the lease contract of this case).

On May 8, 2013, upon the application for voluntary auction by the new bank, the procedure for the auction of real estate was commenced in this Court B with respect to the instant apartment on May 8, 2013. On June 14, 2013, the Defendant asserted that the instant apartment was a lessee who paid a deposit of KRW 35,000,000, and filed a report on the right and demand for distribution. The Plaintiff acquired the instant collateral security right claim from the new bank and reported it on January 3, 2014.

On September 19, 2014, among the amount to be actually distributed on the date of distribution conducted on September 19, 2014, the court prepared a distribution schedule with the content that distributes KRW 25,00,000 in the first order to the Defendant, who is a lessee of small claims, and KRW 1,191,280 in the second order to the Eunpyeong-gu Seoul Metropolitan Government, the delivery authority (relevant tax), and KRW 505,680,357 in the third order to the Plaintiff, the mortgagee, respectively.

E. Accordingly, on the date of the above distribution, the Plaintiff raised an objection to the whole amount of dividends to the Defendant, and thereafter, on September 26, 2014, within one week thereafter.