1. The plaintiff's claim is dismissed.

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

Basic Facts

On August 16, 201, the Plaintiff completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to the debt amount of KRW 76,000,000 against Nonparty C, which is KRW 105,000,000 with respect to the debt amount of KRW 403 (hereinafter “instant real estate”) owned by Nam-gu Incheon Metropolitan Government D (hereinafter “instant real estate”).

On November 12, 2013, the Plaintiff’s application for voluntary auction based on the instant right to collateral security began with the Incheon District Court B regarding the instant real estate.

The Defendant filed a report on the right and demand for distribution by asserting that it is a lessee who paid KRW 22,00,000 to the instant real estate during the above auction procedure.

On February 10, 2015, this Court prepared a distribution schedule with the content that distributes KRW 22,00,000 to the Defendant, who demanded a distribution as a small lessee on the date of distribution, as well as KRW 37,386,575 to the Plaintiff, a mortgagee, in the second order.

On the date of distribution, the plaintiff raised an objection to the whole amount of dividends to the defendant.

[Ground of recognition] The plaintiff asserts that whether the plaintiff is the genuine tenant in determining whether there is no dispute, Gap 1, 2, 5, and 6, and the purport of the entire pleadings.

According to the overall purport of Eul evidence Nos. 1 through 4 (including the provisional number) and the argument, the defendant, on April 4, 2009, leased the real estate of this case from E, the former owner of the real estate of this case, with the lease deposit of KRW 20 million, and from April 18, 2009 to April 17, 2010. Since the lease period has been renewed thereafter, C acquired the ownership of the real estate of this case on August 16, 201, increased the lease deposit of KRW 22 million between C and August 11, 2011, concluded a lease contract with respect to the real estate of this case by setting the lease deposit of KRW 22 million, the lease deposit of this case from August 16, 201 to August 16, 2013, and concluded a lease contract with C on the same day.