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

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

1. Basic facts

A. On June 19, 2013, the Plaintiff granted a loan of KRW 250 million to C, and completed the registration of creation of a mortgage over the real estate listed in the separate sheet owned by C on the same day (hereinafter “instant apartment”).

B. However, upon C’s delay in the repayment of the above loan obligation, the Plaintiff filed an application for a voluntary auction of real estate regarding the apartment of this case with this court B on December 9, 2013, and the decision of voluntary auction was rendered on the apartment of this case on the next day.

C. Meanwhile, on January 2, 2014, the Defendant filed an application for a report on rights and a demand for distribution on the ground that he/she is a small lessee who leased the instant apartment from C in the auction procedure with respect to the instant apartment in the amount of KRW 19.5 million.

Accordingly, on August 11, 2014, the auction court prepared a distribution schedule that distributes the remainder of KRW 200,594,513 to the Defendant, who is a small lessee, as well as the applicant creditor and the mortgagee, respectively (hereinafter “instant distribution schedule”).

E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the whole amount of distribution to the Defendant, and thereafter filed the instant lawsuit on August 18, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 7, purport of whole pleading

2. The Plaintiff’s assertion is the most lessee who in collusion with C for the purpose of receiving dividends in the auction procedure on the instant apartment, and thus, the amount of dividends to the Defendant out of the instant distribution schedule ought to be deleted. Even if the Defendant and C concluded a lease contract on August 1, 2013 with respect to the instant apartment, which is the only property of C in excess of the debt, the act of setting the priority repayment right to the Defendant as to the instant apartment, and is an ordinary creditor.