1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 21, 2015, the Defendant completed the registration of creation of a mortgage on the part of the obligor D, the mortgagee D, and the mortgagee-mortgaged mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter “instant apartment”).

B. Upon the Defendant’s application, on May 13, 2016, the real estate auction procedure relating to the instant apartment was initiated as Incheon District Court C (hereinafter “instant auction procedure”).

In the auction procedure of this case, the Plaintiff reported a right as a lessee and demanded a distribution.

C. On January 23, 2017, a court of execution distributed KRW 60,000 to the Defendant on the date of distribution on the ground that the Defendant is the first-class applicant creditor (mortgaged mortgage), and distributed KRW 3,056,287 to the Plaintiff on the ground that the Plaintiff is the first-class lessee (determined date).

The Plaintiff appeared on the date of distribution, and raised an objection against KRW 56,943,713 out of the Defendant’s dividend amount, and filed a lawsuit of demurrer against distribution on January 25, 2017.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is the lessee of the instant apartment that held D with the claim for return of lease deposit amounting to KRW 60,000,000.

Since there is no obligation or obligation between the Defendant and D, the instant collateral security does not exist any secured claim.

Therefore, out of the dividend amount of KRW 60,000,000 against the Defendant, KRW 56,943,713, which occurred due to the Plaintiff’s claims, should be distributed to the Plaintiff.

B. In full view of each of the statements in Eul evidence Nos. 1 through 3 (including paper numbers) and witness G’s testimony on April 9, 2015, the Defendant: (a) leased from H the Jmaart to KRW 100,000,000 of the lease deposit amount; and (b) D, upon the request of H, from H on April 21, 2015, the Defendant’s H on April 21, 2015.