1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 17, 2008, 1304, Dong 1304 (hereinafter “instant apartment”) owned by the Defendant, the Defendant completed the registration of the establishment of a mortgage on the maximum debt amount of KRW 120 million with C as of December 27, 2012, and on October 22, 2014, the registration of the establishment of a mortgage over the maximum debt amount of KRW 120 million with C as each debtor on April 17, 2008; and on October 22, 2014, with ES-based debtor, the Defendant completed the registration of the establishment of a mortgage over KRW 120 million with the maximum debt amount of KRW 120 million.

B. On November 18, 2009, the Plaintiff completed a moving-in report on the resident registration in the instant apartment owned by Lee In-dong, Lee In-bok, and thereafter resided in the instant apartment since that time.

C. On February 14, 2013, the Plaintiff’s mother transferred KRW 50 million to C by designating the remitter as “FE”.

As of February 14, 2013, the Plaintiff and C drafted a lease contract under which the Plaintiff leases one room among the apartment of this case from February 14, 2013 to February 13, 2015, stating that “the fact that part of the amount borrowed from the mother E (this hundred million won) is substituted by the rental deposit.”

The Plaintiff did not obtain a fixed date in the instant lease agreement.

On June 17, 2015, the Plaintiff, from November 18, 2009 to the Seoul Southern District Court B real estate auction case (hereinafter “instant auction procedure”) on the instant apartment, had been residing in one column among the instant apartment units from November 18, 2009, and had entered into a lease contract with C on February 14, 2013 with a deposit amounting to KRW 30 million and applied for a report on the right and demand for distribution.

E. In the instant auction procedure, the executing court: (a) distributed KRW 43,401,565 to the Defendant, who is the mortgagee, in the order of dividend 4 on December 16, 2015; and (b) drafted a distribution schedule with the content that the Plaintiff did not distribute the dividends.

On the date of distribution, the Plaintiff raised an objection against KRW 30,00,000 among the amount distributed by the Defendant, and filed a lawsuit of demurrer against the instant distribution on December 18, 2015.