1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Basic facts

A. On October 27, 2016, the Plaintiff leased KRW 119,00,000 to D on November 2, 2016, concluded a mortgage agreement with the maximum debt amount of KRW 142,80,000 with respect to the real estate listed in the separate sheet (hereinafter “instant building”) on November 2, 2016, and completed the registration of the establishment of a neighboring mortgage as Seoul Southern District Court No. 170251, Nov. 2, 2016.

B. On December 8, 2016, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with D on a deposit of KRW 38,00,000 with respect to the instant building as well as KRW 24 months until December 26, 2018, and completed the resident registration and completed the fixed date on December 27, 2012.

C. Upon the Plaintiff’s application, the procedure for the auction of real estate in relation to the instant building (Seoul Southern District Court C; hereinafter “instant auction”) was conducted, and sold in KRW 140,60,000,00 to the Defendant, who is the first lessee, was set up a distribution schedule to distribute KRW 28,30,000 to the Defendant, who is the first lessee of the instant building, in the second priority order, and distribute KRW 28,30,000 to the Pakistan who is the delivery right holder, in the second priority order, and to the Plaintiff, who is the creditor and the mortgagee of the instant building, in the third priority order.

On December 19, 2018, the Plaintiff appeared on the date of distribution of the instant auction, and raised an objection against KRW 34,000,000 to the Defendant’s dividends, and filed a lawsuit of demurrer against distribution on December 21, 2018.

[Ground of recognition] The facts without dispute, Gap evidence 1 through 7, Eul evidence 1 to 6 (if there are serial numbers, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff's primary argument is not the conclusion of the instant lease contract for the purpose of residence, but is the most lessee who received the move-in report and the fixed date in a formal way to receive preferential dividends as small-sum lessee.

Therefore, the amount of dividends against the defendant is distributed.