1. The plaintiff's claim is dismissed.

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

1.The following facts of recognition are not in dispute between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 to 7:

On May 10, 2013, the Plaintiff extended KRW 100,000,00 to Han River Maintenance Industry Co., Ltd. and secured it.

6. As to the real estate listed in the separate sheet owned by D (hereinafter “instant house”), the establishment registration of the neighboring mortgage amount of KRW 120,000,000 shall be completed.

On the other hand, with respect to the instant housing, the establishment registration of a neighboring mortgage was completed together with the debtor D, the mortgagee, the plaintiff, the maximum debt amount of KRW 156,00,000 (the maximum debt amount of June 3, 2013 was modified to KRW 154,80,000) on the same day.

B. On January 16, 2014, with respect to the instant real estate, the auction procedure was initiated to the Incheon District Court Branch B, which was a collateral security right holder, and on January 23, 2014, the auction procedure was initiated again to the Incheon District Court Branch C, which had been initiated in duplicate on January 23, 2014.

(hereinafter referred to as the “instant voluntary auction procedure” in combination with the above voluntary auction procedures.

In the procedure of the voluntary auction of this case, the Defendant filed a report on the right and the demand for distribution with the court of execution by asserting that it is a small lessee under the Housing Lease Protection Act.

On November 27, 2014, the execution court opened a date of distribution on the date of distribution, and seems to have partially acquired the right to collateral security from the plaintiff during the procedure of voluntary auction of this case, which is a collateral security, to the defendant who demanded a distribution as a lessee of small claims.

The distribution schedule was drawn up, in the second order, 147,932,894 won, and 34,733,585 won (hereinafter “instant distribution schedule”) were distributed to the Plaintiff, who is the applicant obligee.

E. The Plaintiff appeared on the date of the above distribution and stated an objection against the full amount of the distribution to the Defendant.