1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. C signed a mortgage contract with us on August 4, 2008 as the owner of Songpa-gu Seoul D No. 102 (hereinafter “the instant real property”) on August 4, 2008 and the same month.

6. The creation of a mortgage on the basis of maximum debt amount of 72 million won was completed.

B. On October 27, 2007, the Defendant leased the instant real estate from C with a deposit of KRW 60 million, and the period from November 9, 2007 to November 8, 2009; around that time, the instant real estate was delivered; on November 16, 2007, the move-in report was made to “Ground-1”; and on June 11, 2013, the Defendant obtained a fixed date on the said lease agreement.

On February 10, 2014, the Defendant changed its address to “No. 102 on the ground of change of multi-family housing.”

C. On February 19, 2013, the Plaintiff received a decision on provisional seizure of real estate in which the claim amount was KRW 565,688,881 with respect to the instant real estate by Seoul Central District Court 2013Kadan34499, and the entry registration of the provisional seizure order was completed on the same day.

On May 29, 2013, upon the enforcement of the right to collateral security by the bank, the Defendant demanded the distribution as a lessee of the instant real estate in the Seoul Eastern District Court B real estate auction.

Accordingly, on the date of distribution implemented on September 26, 2014 by the court of execution, the court of execution prepared a distribution schedule to distribute the amount of KRW 101,053,908, which is KRW 72,000,000, which is to be actual dividends, to the bank, the mortgagee, in the first priority order, and the remaining KRW 29,053,908, to the Defendant, who is the lessee, in the second priority order. The Plaintiff raised an objection against the total amount of dividends to the Defendant, and filed the instant lawsuit on October 2, 2014, which is within one week thereafter.

[Ground for Recognition: Unsatisfy, Gap evidence 1 to 6]

2. Determination on the cause of the claim

A. The defendant's argument that the tenant is the most lessee is explained by the court on this part.