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

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

1. Basic facts

A. As to G Apartment-dong 1601, G Apartment-dong 1601 (hereinafter “instant apartment”) located in D and E-owned, Sungnam-si, Sungnam-si (hereinafter “instant apartment”), the Suwon District Court completed the establishment registration of each establishment of a mortgage with the maximum debt amount of KRW 912 million as the receipt on July 4, 2005, No. 60989 on July 4, 2005, and with the same registry office No. 98304, Jun. 15, 2006, with the maximum debt amount of KRW 456 million as the receipt of the same registry office on June 15, 2006.

B. On April 18, 2013, the Plaintiff acquired each of the above collateral security rights from the new bank, and upon the Plaintiff’s application, the procedure of the instant apartment was initiated with Suwon District Court C on April 18, 2013.

C. On January 16, 2013, Defendant A entered into a lease agreement between Defendant B and each E to lease one column of the apartment of this case, setting the lease deposit amount of KRW 30 million, and one year, and completed the move-in report on the apartment of this case on the same day after obtaining the fixed date of each lease agreement on January 29, 2013.

In the above auction procedure, on February 6, 2014, the court of execution prepared a distribution schedule to distribute the amount of KRW 16 million to the Defendants, who are the first-class lessee of small amount among the amount of KRW 852,120,438, which was actually distributed after deducting the execution cost on the date of distribution, and KRW 817,579,58 to the Plaintiff, who is the third-class mortgagee of small amount.

E. The Plaintiff appeared on the date of distribution, and raised an objection against the dividend amount of the Defendants, and filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, Eul 2 and 3 evidence (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion is that the Defendants concluded a false rental agreement to harm the Plaintiff’s rights, not the legitimate lessee, and to gain pecuniary benefits. Therefore, the court of execution asserts to the effect that it was unlawful to distribute the Defendants each of KRW 16 million to the Defendants.

As to this, the Defendants are each E and each lease contract.