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

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

1. Basic facts

A. On June 7, 2011, the Plaintiff, while granting a loan to Nonparty D, concluded a mortgage contract with the debtor D or the maximum debt amount of KRW 222,100,000 with respect to the real estate indicated in the separate sheet owned by Nonparty C (hereinafter “instant real estate”), and completed the registration of the establishment of a neighboring mortgage on the same day.

B. On October 1, 2013, the Defendant entered into a lease agreement between C and the instant real estate with a lease deposit of KRW 33 million, the lease term from October 7, 2013 to October 6, 2015 (hereinafter “instant lease agreement”) and obtained a fixed date after completing the move-in report on the same day.

C. When D delays the repayment of the principal and interest of loan, the Plaintiff filed an application for commencement of voluntary auction to Seoul Southern District Court B, and on December 4, 2013, the auction procedure was conducted according to the above court’s decision to commence the auction procedure.

On August 19, 2014, the above court prepared a distribution schedule that distributes the remaining dividend amount of KRW 25 million to the Plaintiff, excluding the pertinent tax, as a small lessee of the amount of claims KRW 33 million, and the remaining dividend amount of KRW 148,103,475, which was distributed to the Plaintiff. The Plaintiff appeared on the aforementioned distribution date and raised an objection against the whole dividend amount of the Defendant, and filed the instant lawsuit on August 26, 2014, within one week thereafter.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 4, Eul evidence Nos. 4-1 through 6, and the result of the submission of financial transaction information to the Federation of Banks, the purport of the whole pleadings

2. Determination:

A. The summary of the Plaintiff’s assertion does not need to separately lease the instant real estate, primarily, to the owner of Yeonsu-gu Incheon E Apartment No. 204, 405, and the adequate lease price at the time of the instant real estate was KRW 130 million, but is merely KRW 33,00,000,000 for the instant lease deposit. The instant real estate is already subject to the right to collateral security in the name of the Plaintiff with the maximum debt amount of KRW 221,00,000,000 for the instant real estate, which was four days prior to the conclusion of the instant lease agreement.