1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. E and F have completed the registration of ownership transfer on February 25, 2015 with respect to 1/2 shares of each of the H of Gyeyang-gu Incheon Building H (hereinafter “instant real estate”).

As to the instant real estate, the establishment registration of the mortgage over the debtor F and the mortgagee was completed on the same day, the maximum debt amount of KRW 115,500,000, and the debtor F and the mortgagee.

B. The Plaintiff’s mother, around March 23, 2016, entered into a lease agreement with E and F on KRW 30 million with respect to the instant real estate, and paid KRW 30 million to E and F.

(A) On March 23, 2016, B completed the registration of the establishment of chonsegwon (hereinafter “the instant chonsegwon”) with respect to the instant real estate on March 23, 2016, from March 23, 2016 to March 22, 2017 under the said lease agreement.

C. On December 21, 2016 between the Plaintiff, F, and E, a lease agreement was made between the Plaintiff, F, and E with KRW 30 million for one room among the instant real estate.

(2) On January 20, 2017, the Plaintiff completed the move-in report with the instant real estate, and obtained a fixed date.

On November 8, 2017, on the instant real estate, the voluntary auction (hereinafter “instant auction”) started with the Incheon District Court D on November 8, 2017, upon the Defendant’s application, who is a mortgagee.

In the auction procedure of this case, B filed a report on the right and demand for distribution with the entire real estate of this case, the lease deposit amount of KRW 30 million, the lease deposit period from March 23, 2016 to March 22, 2017, the lease right registration of chonsegwon was made on March 25, 2016, and on March 23, 2016 on the date of delivery of housing.

On the other hand, the Plaintiff also filed a report on the right on March 23, 2016, the lease deposit amount of KRW 30 million, the lease term from March 23, 2016 to March 22, 2017, the move-in report from January 20, 2017, and the house delivery date on March 23, 2016.