1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In order to secure the loan of KRW 95 million to C and secure it, the filial Capital Co., Ltd. (hereinafter referred to as “ filial Capital”) completed the registration of the establishment of a mortgage on July 4, 2013 with respect to E Apartment 101, 203, 203, 200,000 won (hereinafter referred to as “instant real estate”) located in Busan-gun, Busan-gun, the ownership of which was C, with the maximum debt amount of KRW 12,350,000.

B. On August 13, 2015, the Plaintiff acquired the claim against C from the Eff Capital, and completed the registration of transfer of the establishment of a neighboring mortgage registered on the instant real estate completed.

C. On October 17, 2013, the Defendant entered into a lease agreement between C and the instant real estate with a deposit of KRW 20 million, monthly rent of KRW 200,000,000 for the period of October 18, 2015 (hereinafter “instant lease agreement”), and around that time, occupied the instant real estate by delivery from C, and completed the move-in report on December 17, 2013.

The Plaintiff filed an application for a voluntary auction on the instant real estate based on the registration of the establishment of a neighboring mortgage, and accordingly, on September 7, 2015, the auction court, which commenced on September 21, 2015, distributed the amount of KRW 20 million out of KRW 119,495,912, to be actually distributed on November 21, 2016, to the Defendant as a small lessee of the instant real estate in the first priority order, and drafted a distribution schedule that distributes KRW 104,923,832 to the Plaintiff, a mortgagee, except the senior mortgagee, who is a right to collateral security, in the fourth priority order.

E. The Plaintiff appeared on the date of distribution, and stated an objection to the whole amount of distribution to the Defendant, and filed the instant lawsuit.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 7, 9, and Eul evidence No. 1

2. The parties' assertion

A. In light of the following facts, the Defendant is the most lessee or entered into a lease agreement with C for the purpose of returning the borrowed amount, and thus, the Defendant is not entitled to preferential payment as a small lessee.