1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 31, 2010, the Defendant’s registration of the instant collateral security (1) was completed with respect to the establishment of a mortgage under the Defendant’s name, the Defendant’s establishment of a reinforced concrete building No. 515, No. 515, 34.77 square meters (hereinafter “instant real estate”) of Suwon-si, Suwon-si, which is the ownership of the virtue industry with which the Nonparty Co., Ltd. (hereinafter “Cuk-gu”) was established, with respect to the instant real estate (hereinafter “instant real estate”).

(2) On the other hand, on August 27, 2010, the Defendant prepared a promissory note No. 761 in good faith as a notary public’s KRW 147 million, and on October 31, 2010 (hereinafter “notarial deed of this case”) the said KRW 147 million as the secured obligation of the instant right.

B. (1) On October 27, 201, the Defendant applied for the commencement of a compulsory auction on the instant real estate and D building 311 by filing an application with Suwon District Court C for the commencement of a compulsory auction on October 28, 2011 with respect to the instant real estate and D building 311 based on the instant notarial deed.

On January 18, 2011, the Defendant was issued a provisional attachment order with the Suwon District Court 201Kadan1010103 on the third floor of the Kuwon-si D Building No. 311, which is the owner of the virtue-based industry, and on January 18, 201, the provisional attachment registration was completed on January 18, 201.

(2) On September 26, 201, the Plaintiff filed a registration for the establishment of a right to lease on a deposit basis under the Plaintiff’s name as to the instant real estate, with the period from September 23, 201 to September 23, 2012. However, in the instant auction procedure, the Plaintiff filed an application for a lessee’s report on the right to lease and a demand for distribution on November 30, 201.

(3) On the date of distribution of the instant auction procedure, on March 8, 2013, the auction court held to Nonparty E (Appointed Party), the wage obligee, KRW 30,550,00 for the last three months, KRW 22 million to the Plaintiff, the small lessee, KRW 14,298,05, KRW 14,259,87 to Nonparty F, KRW 14,259, and KRW 17,42,020 to the Warsaw Construction Co., Ltd., and KRW 22,00 to H.