1. All of the plaintiff's claims are dismissed.

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

1. Facts of recognition;

A. On April 15, 2015, the Plaintiff, as a mortgagee, filed an application for a voluntary auction of real estate (C) with the competent court on April 15, 201 with regard to the building D (hereinafter “instant building”) Nos. 1201, 1005, 704, and 702, which is owned by the competent court. On April 16, 2015, the auction procedure was initiated according to the decision to voluntarily commence the auction procedure.

B. In the above auction procedure, Defendant A entered into a lease agreement with D on March 2014 on the deposit of KRW 20,000,000 for the lease deposit of KRW 1201,00,000 for the instant building, and completed the move-in report on April 14, 2015 and received the fixed date. Defendant B entered into a lease agreement with D on July 222, 2008 for the lease deposit of KRW 15,00,000 for the instant building and KRW 220,000 for the lease deposit of KRW 105,00 for the instant building, and completed the move-in report on April 13, 2015 and completed the move-in report and demand for distribution as a lessee who received the fixed date.

C. On March 4, 2016, the auction court prepared to Defendant A a distribution schedule with the content that distributes KRW 16,232,186 as a lessee of small amount, KRW 15,00,00 as a lessee of small amount, and KRW 114,690,917 as a mortgagee of small amount, as well as KRW 15,00 in the order of priority, as a lessee of small amount, and KRW 15,000 in the order of priority, as a lessee of small amount, to the Plaintiff.

The Plaintiff appeared on the date of distribution, and stated that he/she raised an objection against the total amount of each dividend to the Defendants, and filed a lawsuit of demurrer against the instant distribution on March 11, 2016, which was not more than one week thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, 6 and 7, and purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendants asserted that the Plaintiff’s assertion is the most lessee who entered into a false rental agreement in collusion with D for the purpose of receiving dividends. As such, the money stated in the purport of the claim should be distributed to the Plaintiff out of the dividend amount against the Defendants

B. The Plaintiff asserted that Defendant A is the most lessee, but it is against each of the head offices of the instant building.