1. The plaintiff's primary and conjunctive claims are dismissed, respectively.

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

1. Basic facts

A. C on October 13, 2006, acquired ownership of E Apartment No. 101, 701 (the instant apartment) located in Gyeyang-gu Incheon, Gyeyang-gu.

B. On February 20, 2009, the Industrial Bank of Korea lent KRW 144,00,000 to C’s wife F, and completed the registration of creation of a mortgage over the instant apartment amount of KRW 172,80,000 with respect to the instant apartment.

C. The establishment registration of the instant apartment was completed on March 30, 2010 with respect to the instant apartment, including the maximum debt amount of KRW 26,000,000,000, the establishment registration of the neighboring mutual savings bank to the mortgagee Co., Ltd.; the maximum debt amount of KRW 29,900,000 on April 16, 2010; and the establishment registration of the neighboring mutual savings bank to the mortgagee Co., Ltd.

On January 16, 2012, the Defendant entered into a lease contract with respect to the apartment of this case by setting the lease deposit of KRW 24,000,000, and the lease period from January 17, 2012 to January 16, 2014, and paid the down payment of KRW 3,000,000 to C on the same day, and completed the resident registration.

E. On January 17, 2012, the Defendant paid 21,000,000 won for the remainder lease deposit to C, and thereafter resided in the instant apartment from that time.

F. On June 22, 2012, the Industrial Bank of Korea applied for a voluntary auction on the apartment of the instant apartment and rendered a decision to voluntarily commence auction to the Incheon District Court B.

G. The Plaintiff acquired loan claims and collateral security from the Bank under the Asset-Backed Securitization Act.

H. In the above auction procedure, the appraised value of the instant apartment was KRW 220,000,000 as of July 3, 2012.

I. In the above auction procedure on July 5, 2013, the distribution schedule was prepared to distribute the amount of KRW 139,658,246 to the Plaintiff and KRW 20,000 to the Defendant, the Plaintiff stated an objection against the Defendant’s amount of dividends.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, 6, 7 evidence, Eul 1 to 8 (including a Serial number; hereinafter the same shall apply) and the National Bank of this Court and the Seongbuk Saemaul Fund.