1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 14, 2010, the Plaintiff completed the registration of the establishment of a mortgage on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”). As to the instant real estate (hereinafter “instant building”), the Plaintiff completed the registration of the establishment of a mortgage on the maximum debt amount of KRW 203,00,000, the debtor D, and the Plaintiff as the mortgagee.

B. After December 1, 2010, the lease registration of the instant building was completed on the basis of the lease deposit of KRW 11,000,000, 44 stories, and the lease registration of the lessee E on the basis of the lease registration order of this court No. 2010Kala1824, which became the lessee E.

C. On May 24, 201, upon the application of the above E’s compulsory auction, a decision to commence compulsory auction was rendered on May 24, 201 (hereinafter “instant auction procedure”). On June 11, 2011, the date prior to the completion date for demanding distribution of the instant auction procedure, the Defendant filed a report on the right and demand for distribution as to KRW 22,00,000 on the ground that the instant building is a lessee with a fixed date three partitions among the three floors of the instant building.

On May 14, 2013, each of the instant real estate was sold to F. On June 4, 2013, the enforcement court: (a) deemed the Defendant as a small lessee on June 4, 2013; and (b) drafted a distribution schedule with the content that distributes KRW 17,00,000 to the Plaintiff as a mortgagee; and (c) KRW 138,034,229 to the Plaintiff as a mortgagee.

E. On the date of the above distribution, the Plaintiff raised an objection against the total amount of KRW 17,00,000 on the dividend amount, and on June 10, 2013, the Plaintiff filed a lawsuit of demurrer against the distribution of this case, and submitted the evidence of filing a lawsuit to the executing court on the same day.

[Ground of recognition] Class A 1, 2, and 8, and the purport of the whole pleading

2. The plaintiff's assertion is that the defendant leased three floors among the buildings of this case, but the use of the above three floors is "office", and the investigation report on the present status of the auction procedure of this case was investigated as the defendant residing in the fourth floor, and the registration of the right of lease in G name has already been completed on the fourth floor.