1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1.The following facts of recognition may be admitted, either in dispute between the parties or in full view of the entries in Gap evidence 1, 6, and 9 and the purport of all pleadings:

On August 31, 2012, the NongHyup Bank Co., Ltd. loaned KRW 331,000,000 for housing funds to Nonparty C. On the same day, it completed the registration of creation of a neighboring mortgage, which is the debtor C and the NongHyup Bank Co., Ltd., a collateral security bank, with respect to the building 204, 302, Seo-gu, Incheon, Seo-gu, Incheon, Inc. (hereinafter “instant building”).

B. On December 29, 2014, the Plaintiff acquired a loan claim against C from the Nonghyup Bank Co., Ltd. on December 24, 2015.

On the basis of the right to collateral security, Incheon District Court B filed an application for a voluntary auction of real estate with regard to the building of this case and rendered a voluntary decision to commence auction on February 25, 2015 from the above court.

C. The Defendant entered into a lease agreement with C as of March 18, 2014, which was determined from March 20, 2014 to March 20, 2016, the lease deposit amount of KRW 24,00,000 for the instant building, and the term of lease from March 20, 2014 to March 20, 2016, completed a move-in report on March 20, 2014, and was granted a fixed date. The Defendant applied for a report on rights and a demand for distribution to the auction court on April 23, 2015, which was in progress with the said auction procedure.

On December 29, 2015, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 369,263,235 to the Plaintiff, who is the applicant creditor, who is the small lessee, in the first priority order, KRW 19,00,00,00 and KRW 349,594,315 to the Defendant, who is the applicant creditor.

E. The Plaintiff appeared on the aforementioned date of distribution, and stated an objection to the total amount of distribution to the Defendant, and filed the instant lawsuit on January 4, 2016, which was seven days or less thereafter.

2. The parties' assertion

A. The main point of the Plaintiff’s assertion is that the Defendant is the most lessee, and thus, the amount of dividends against the Defendant should be deleted. Preliminaryly, the building of this case between C and C in which the Defendant had excessive debts.