1. Revocation of a judgment of the first instance;

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

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 18, 2012, the Plaintiff loaned KRW 48,000,000 as a house purchase fund (hereinafter “instant loan”) to B, and the Plaintiff completed the registration of the establishment of a neighboring mortgage at KRW 57,60,000 with respect to the real estate listed in the separate sheet as security for the instant loan (hereinafter “instant real estate”).

B. B lost the benefit of time due to the Plaintiff’s failure to timely repay the principal and interest of the instant loan borrowed from the Plaintiff. On June 17, 2016, the Plaintiff filed an application for the auction of real estate rent with the Incheon District Court C regarding the instant real estate on the ground that at the time of the said application for auction, the Plaintiff’s claim against B was equivalent to KRW 48,970,655 in total, both the principal and interest.

C. On June 20, 2016, the Incheon District Court, which is the cause of the auction law, rendered a decision to commence a voluntary auction against the Plaintiff’s above request for auction.

On the other hand, on July 15, 2016, the Defendant submitted a lease agreement with B on June 13, 2015 regarding the instant real estate, and filed a report on the right and demand for distribution in the said auction procedure. The Defendant asserted that the Plaintiff completed the move-in report on the instant real estate on June 15, 2015, as a small lessee who completed a lease agreement with KRW 21,00,000 (hereinafter “instant lease agreement”).

On March 30, 2017, the Incheon District Court, which was the cause of auction law, prepared a distribution schedule in order to distribute dividends of KRW 39,759,195 on the date of distribution that was implemented on March 30, 2017, in order to distribute dividends of KRW 19,879,59 and KRW 19,879,598 to the plaintiff as a small lessee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. Summary of the parties' arguments

A. The place where the Plaintiff asserted 1 entered into the instant lease agreement, and the real estate of this case as well as D and her children.