The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. C concluded a sales contract with D, the former owner on January 15, 2013, with respect to E Apartment 501 (hereinafter “instant real estate”), and completed the registration of ownership transfer on February 26, 2013. On the same day, C received a loan of KRW 128,00,000 from the Plaintiff, and provided the Plaintiff with the right to collateral security (19,200,000) and the maximum debt amount (16,40,000) with respect to the instant real estate, respectively, to the Plaintiff.

B. On March 27, 2014, the Defendant entered into a lease contract (hereinafter “instant lease contract”) with a deposit of KRW 25,00,000,00 for the instant real estate without any rent, and from March 31, 2014 to March 31, 2016, and paid KRW 2.50,000 on the following day to C, and paid KRW 22,50,000,000 for the following day, and completed the move-in contract at the same time with the fixed date on the instant lease contract on April 3, 2014.

C. Upon delay in the payment of interest on loans, the Plaintiff filed an application for a voluntary auction of real estate with this court B on July 28, 2014 for the instant real estate, and obtained a decision to commence an auction of real estate from this court on July 3, 2015. The instant real estate was sold to F on July 3, 2015.

F. On August 18, 2015, this Court drafted a distribution schedule with the content that distributes the amount of KRW 22,00,000,000 to the Defendant, the lessee, on the date of distribution of the above auction procedure, to the Plaintiff, the applicant creditor and the mortgagee, who is the right to issue the pertinent tax, in the order of 129,601,772, and the second order, to the Defendant, the lessee, in the order of 22,00,000,000, and 191,980,792.

G. On August 21, 2015, the Plaintiff raised an objection to the entire amount of distribution to the Defendant on the date of the said distribution.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 17, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion is the tenant of a small amount under the Housing Lease Protection Act, and the defendant pays dividends preferentially to the senior secured party.