1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 7, 2011, the Plaintiff completed the establishment registration of a mortgage No. 1 on the real estate listed in the separate sheet (hereinafter “instant real estate”) at the Korea Exchange Bank, Korea Exchange Bank (hereinafter “Korea Exchange Bank”). On October 21, 201, the Plaintiff completed the establishment registration of a mortgage No. 48 million won and 2 on October 21, 201, regarding the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On June 26, 2014, the Defendant received an arbitral award stating that “C shall pay to the Defendant 4,364,148,000 won and 6% interest per annum from January 1, 2012 to the date of full payment” (hereinafter “instant arbitral award”).

C. On September 10, 2015, the Plaintiff entered into a lease agreement with C as to the instant real estate (hereinafter “the instant lease agreement”) between October 16, 2015 and October 16, 2017 (hereinafter “the instant lease agreement”).

From September 9, 2015 to October 16, 2015, the Plaintiff paid KRW 40 million to C, and on October 18, 2015, the Plaintiff paid KRW 10 million to D, a former lessee of the instant real estate.

On October 28, 2015, the Plaintiff filed a move-in report at the location of the instant real estate, and obtained a fixed date in the instant lease agreement on April 15, 2016.

E. On January 20, 2016, the Defendant was sentenced on January 20, 2016 by the judgment of execution (hereinafter “instant judgment of execution”) rendered by the Incheon District Court 2014Gahap5808, which requested the compulsory execution of the instant arbitral award against C, and the said judgment became final and conclusive on February 12, 2016.

F. According to the above judgment, the Defendant applied for the commencement of compulsory auction on the instant real estate to Incheon District Court B, and the said court rendered a decision to commence compulsory auction on April 7, 2016.

(g) The instant auction procedure (hereinafter “instant auction procedure”). The Plaintiff on June 2016, which is a final date for demand for distribution.