1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 21, 2012, Nonparty C borrowed money from Gap F&C Loans Co., Ltd. (hereinafter “instant apartment”) and set up a right to collateral security (hereinafter “mortgage security”) with respect to the said apartment loan as the maximum debt amount, 165,000,000 won, the debtor C, and the mortgagee C, and the mortgagee C, the collateral security (hereinafter “mortgage”) with respect to the said apartment loan. On the same day, EFC loans, Co., Ltd. established the right to collateral security against the Seoul Mutual Savings Bank on the same day.

In addition, Seoul Mutual Savings Bank was bankrupt and appointed as a trustee in bankruptcy.

B. On January 12, 2013, the Defendant entered into a lease agreement with C on the instant apartment (hereinafter “instant lease agreement”) with the term of KRW 22,00,000 as to the instant apartment and the term of lease from January 27, 2013 to January 26, 2015.

C. Meanwhile, on November 7, 2014, upon the Plaintiff’s application, who is the pledgee of the right to collateral security regarding the instant apartment, the procedure for the auction of real estate was commenced with the Jung-gu District Court B (hereinafter “instant auction procedure”). On June 10, 2015, on the date of distribution of the said auction procedure, the distribution schedule was formulated to distribute the amount of KRW 10,248,961 to the Plaintiff, who is the pledgee of the right to collateral security, to the Defendant, who reported the right and demanded the distribution as the lessee of the instant apartment on the date of distribution of the instant apartment on June 10, 2015.

On the date of distribution, the Plaintiff stated an objection to the whole amount of dividends to the Defendant, and filed the instant lawsuit on June 12, 2015.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. The assertion and judgment

A. In the auction procedure of the Plaintiff’s assertion, the preparation of the distribution schedule of KRW 22 million against the Defendant is unlawful as follows.

1. The Defendant entered into the instant lease agreement.