1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 27, 2010, Nonparty 1, Inc., Ltd., (formerly before the change: ABK Mutual Savings Bank; hereinafter “Nonindicted Bank”) completed the registration of creation of a mortgage near the debtor C and the maximum debt amount of KRW 270 million, and KRW 302,00,000,000 (hereinafter “instant real estate”) with respect to the D apartment Nos. 113, and 302,00,000 owned by Nonparty 3 (hereinafter “the instant real estate”).

B. On April 8, 2014, Nonparty bank applied for a voluntary auction on the instant real estate based on the foregoing collateral security, and on April 9, 2014, the decision to commence the auction was rendered to Incheon District Court B, and the auction procedure was in progress.

C. On May 9, 2014, the Defendant filed a report on the right and demand for distribution by asserting that the lease deposit was a lessee who paid KRW 25 million according to a lease contract concluded on June 25, 2013 (hereinafter “instant lease contract”) with C with regard to the instant real estate at the above auction procedure.

On November 24, 2014, the date of distribution, at the above auction procedure, the distribution schedule was prepared in which each of the dividends was distributed in KRW 170,263,869 (hereinafter “instant distribution schedule”) to the Plaintiff, who acquired the above collateral security claims against the Defendant by taking over the said collateral security claims against the Defendant by the non-party bank as the first-order lessee. The Plaintiff appeared on the said distribution date, and made a statement of objection to the distribution against the total amount of the Defendant’s dividends on the said distribution date, and filed a lawsuit of demurrer against the distribution on December 1, 2014, within one week thereafter.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 5, 16, purport of whole pleadings]

2. Judgment on the plaintiff's assertion

A. The Defendant’s assertion is merely the most lessee who abused the protection system for small-sum lessee by concluding a false real estate lease contract with C, and thus, seeks correction as to the instant distribution schedule that recognized the Defendant as a legitimate small-sum lessee and distributed the amount of KRW 20 million.