1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 13, 2015, the Plaintiff entered into a mortgage agreement with D as to the E-building F of Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant real estate”) with D, which is the debtor D and the maximum debt amount of 230,400,000, and completed the registration of the establishment of a mortgage on the same day. On the same day, the Plaintiff entered into a mortgage agreement with D and the maximum debt amount of 96,00,000, and completed the registration of the establishment of a mortgage on the same day.

B. On August 2017, the Plaintiff filed an application for a voluntary auction of real estate (hereinafter “instant auction”) with this court for the instant real estate with this Court C based on each of the aforementioned collateral security rights, and this court rendered a voluntary decision to commence auction on August 25, 2017.

C. On September 6, 2017, when the auction procedure of the instant case was in progress, the Defendant asserted that he/she was a lessee who entered into a lease contract of KRW 35,000,000 with D on April 6, 2017 with regard to the instant real estate (hereinafter “instant lease contract”), and filed a report on the right and demand for distribution.

On July 25, 2018, this Court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes KRW 236,352,469 to the Plaintiff, a mortgagee, in the second order, in the first order of 32,00,000 and second order of 253,81 in the distribution of KRW 236,352, and 469 to the Defendant, who demanded a distribution as a small lessee on the date of distribution that was implemented.

E. On July 31, 2018, the Plaintiff raised an objection to the entire amount of distribution to the Defendant on the date of the said distribution, and thereafter filed the instant lawsuit on July 31, 2018.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Determination of the parties' arguments

A. The summary of the party's assertion 1 is not that of the instant lease contract for residential purpose, but that of the Plaintiff, in collusion with the debtor D in order to receive preferential dividends as small-sum lessee, the Plaintiff entered the relevant documents falsely, and filed a report on the instant rights and filed an application for demand for distribution.