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. Basic facts

A. On February 10, 2012, the Plaintiff was established with respect to the instant real estate by the owner C, which is the basis of the maximum debt amount of 156,00,000,000. On September 9, 2013, the Defendant prepared a lease agreement between C and C, stating the lease deposit of 32,00,000,000, and the lease term of 32,000,000,000, from October 12, 2013 to October 11, 2015, and filed a move-in report with the Seoul Southern District Court, and received the fixed date in the contract with the Seoul Southern District Court.

B. In the Seoul Southern District Court B real estate auction case where the Plaintiff filed an application for auction regarding the instant real estate, the same court prepared a distribution schedule (hereinafter “distribution schedule”) with the content that the remaining amount of KRW 98,480,640 is distributed to the Defendant as the small lessee on the date of distribution on December 4, 2014, and KRW 123,660,580, the amount to be actually distributed to the Defendant, and KRW 25,000,000 as the small lessee, and KRW 179,940 to the Yangcheon-gu Seoul Metropolitan Government Office as the small lessee, and presented it to interested parties.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 4 and the purport of the whole pleadings

2. Judgment on the main claim

A. The plaintiff asserts that, as the plaintiff's primary cause of claim, the agreement that the defendant entered into with C is nonexistent or false, and thus, the distribution schedule of this case distributed by recognizing the defendant as a small lessee as a small lessee is unlawful, it should be revised as stated in the purport of the claim.

- At the time of conclusion of the lease contract, the right to collateral security in the name of the Plaintiff was already established, which was 156,000,000 for the maximum debt amount of the instant real estate, and the provisional attachment of the claim amount of the KTN Co., Ltd. was 50,000,000,000 prior to the remainder payment date, provisional attachment of the claim amount of the Seoul Guarantee Insurance Co., Ltd., and the provisional attachment of the claim amount of the new card Co., Ltd. 6,118,

- In the auction procedure with respect to the instant real property, this case.