1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 29, 201, the Plaintiff loaned KRW 60,000,00 to C. On the same day, the Plaintiff completed the registration of the establishment of a neighboring mortgage of KRW 78,00,000 on the maximum debt amount (the instant house) with respect to Article 402 (the instant house) of Nam-gu, Incheon.

B. On September 4, 2011, the Defendant and C concluded a lease agreement with regard to the instant housing as “20,000,000 won for lease deposit, and between September 6, 201 and September 5, 2013,” respectively.

C. The Defendant shall pay KRW 20,000,000 as lease deposit by September 5, 201, and the same year.

9.6. The moving-in report was made with the delivery of the instant house, and the fixed date was obtained from the said lease contract.

On June 21, 2013, the Plaintiff filed a voluntary auction and rendered a decision to commence the voluntary auction on the instant housing.

(In the above auction procedure, the defendant asserted that he is a small lessee and filed an application for a report on rights and a demand for distribution.

E. On March 25, 2014, the aforementioned court drafted a distribution schedule with the content that distributes KRW 20,000,000 to the Defendant and KRW 27,711,059 to the Plaintiff.

The plaintiff raised an objection to the total amount of the defendant's dividends on the same day.

[Ground of recognition] Facts without dispute, Gap2 to 8 evidence, Eul 1, 2 and 3 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff is the most lessee who did not pay the lease deposit to the landlord C, and that the defendant is the genuine lessee who actually paid the lease deposit and actually resided in the house of this case.

B. Therefore, comprehensively taking account of the following facts: (a) the records in the Dok Construction, A3, 4, and 1 through 5; (b) the results of the order to submit financial transaction information to the head of the Incheon Livestock Industry Calculation Branch; and (c) the testimony of the witness C, the Defendant entered into a lease agreement with C on September 4, 201 with the instant housing; and (d) the lease deposit to E, who arranged the lease contract at C’s request, 20.