1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On October 9, 2008, C purchased 402 movement No. 402 (hereinafter “the instant real estate”) from E and completed the registration of ownership transfer with respect to the instant real estate on November 10, 2008. On the same day, C borrowed 80 million won from the Plaintiff as collateral and completed the registration of ownership transfer with respect to the instant real estate (hereinafter “instant collateral security”). On the same day, C loaned 80 million won from the Plaintiff as collateral and completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) with respect to the instant real estate amounting to KRW 140 million with respect to the Plaintiff.

B. After that, as C discontinued the payment of interest on loans after March 2013, the Plaintiff applied for a voluntary auction on the instant real estate and rendered a decision to voluntarily commence the auction (hereinafter “instant auction procedure”) to the Incheon District Court B on June 18, 2013.

C. On July 1, 2013, the Defendant asserted that the executing court is a small lessee under Article 8 of the Housing Lease Protection Act regarding the instant real estate at the instant auction procedure, and filed a report on the right and demand for distribution.

(1) In the instant auction procedure, on February 26, 2014, the execution court distributed 20,000 won to the Defendant who made a demand for distribution as a lessee of small claims on the date of distribution. The execution court, as a applicant creditor, prepared a distribution schedule with the content that distributes KRW 35,421,635 in the order of priority to the Plaintiff, who is a mortgagee, as a right to collateral security (hereinafter “instant distribution schedule”).

(2) Accordingly, on the date of distribution, the Plaintiff stated an objection to the total amount of dividends to the Defendant on the date of distribution, and filed the instant lawsuit on March 5, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 6-2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. On February 6, 2013, the Defendant asserted that the Plaintiff had concluded a lease contract with C by setting the lease deposit amount of KRW 22 million with respect to the instant real estate, and received a dividend of KRW 20 million in the instant auction procedure, but the Defendant.