1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 2, 2015, the Plaintiff entered into a lease agreement with the terms of 210,000,000 won deposit, and the term of lease from October 8, 2015 to October 7, 2017, with respect to the 903rd floor of the building D and Suwon-si E (hereinafter “instant real estate”) on September 2, 2015, and completed the move-in report on October 7, 2015.

B. On December 23, 2015, the Defendant registered the establishment of a mortgage on the instant real estate at KRW 50,000,000 with the maximum debt amount, and the debtor D.

C. As to the instant real estate, the auction procedure was conducted under this Court C, and the auction court, on November 30, 2017, prepared a distribution schedule with the content that the remaining amount of KRW 307,772,99, out of the amount of actual dividends of KRW 308,380,939, which is the date of distribution, was distributed to the first right holder, and was distributed to the second right holder, including the Plaintiff and the Defendant, as indicated below [Attachment].

On April 10, 2015, delivery authority 97,10,110,7442 Scar Savings Bank on April 10, 2015, 56,367,298, 21,631,632, 702, 702, 7024, 702, 408, 207, 305, 197, 198, 205, 208, 305, 196, 205, 197, 205, 197, 203, 205, 197, 205, 197, 205, 203, 196, 205, 305, 196, 205, 196, 305, 196, 207, 305, 2015, 2015

D. The Plaintiff appeared on the date of the foregoing distribution, and raised an objection to the full amount of the Defendant’s dividend, and thereafter filed the instant lawsuit on December 5, 2017.

[Ground of recognition] There is no dispute, Gap 1-4 evidence.