1. The plaintiff's selective claims against the defendant are all dismissed.

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

1. Basic facts

A. C, on October 21, 201, borrowed KRW 39,000,00 from the Geumcheon Agricultural Cooperative, and as a security, completed the registration of establishment of a neighboring mortgage with respect to the instant housing at issue to the head of the Daegu Agricultural Cooperative as the debtor C and the maximum debt amount of KRW 50,70,000.

B. On December 23, 2013, 201, the Central Agricultural Cooperative requested a voluntary auction based on the above collateral, and issued a voluntary auction decision regarding the instant housing to the court B, and the auction procedure (hereinafter “instant auction procedure”). On September 23, 2013, the Plaintiff acquired the right to collateral security against C from the Central Agricultural Cooperative on the same day.

C. On August 28, 2014, at the instant auction procedure, on the date of distribution, a distribution schedule was prepared to distribute each of KRW 17,486,938 to the Defendant as the first-class lessee (small-sum lessee) and the second-class collective security holder (the applicant-mortgage) to the Plaintiff. The Plaintiff appeared on the said date of distribution, and made a statement of objection to the distribution against the total amount of the Defendant’s dividends, and filed a lawsuit of demurrer to the distribution on September 2, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, Gap 1 through 6, 11, and the purport of the whole pleadings.

2. Judgment on the argument of the most lessee

A. The Plaintiff’s assertion is merely the most lessee who entered into a false real estate lease agreement with C, and the Defendant, who recognized the Defendant as a small lessee and distributed KRW 17,486,938,00, shall seek correction as to the instant distribution schedule as stated in the purport of the claim.

B. Comprehensively taking account of the evidence as revealed earlier, evidence Nos. 7 through 11, evidence Nos. 1 and 2 and the purport of the entire pleadings, the Defendant concluded a lease agreement with C, setting the lease deposit amount of KRW 18,00,000 and the lease term from October 30 to October 29, 2015 (hereinafter “instant lease agreement”).