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 August 27, 2009, C borrowed KRW 130 million from the Plaintiff, and completed the registration of the establishment of a neighboring mortgage with regard to the real estate listed in the attached list (hereinafter “instant real estate”) to the Plaintiff as collateral, with regard to the obligor C and the maximum debt amount of KRW 169 million.

B. On December 26, 2013, the Plaintiff filed an application for voluntary auction on the instant real estate based on the foregoing right to collateral security, and the decision to commence voluntary auction was rendered to the Incheon District Court B, and the auction procedure was in progress.

C. The Defendant filed a report on the right and demand for distribution by asserting that it is a lessee who paid the lease deposit of KRW 20 million pursuant to a lease agreement concluded on October 9, 2013 (hereinafter “instant lease agreement”) with C with respect to the instant real estate during the said auction procedure.

On August 14, 2014, the date of distribution, at the above auction procedure, the distribution schedule was prepared to distribute 117,651,004 won to the Defendant as the first-order lessee and the second-order mortgagee to the Plaintiff (hereinafter “instant distribution schedule”). The Plaintiff appeared on the aforementioned distribution date and made a statement of objection to the distribution against the total amount of the Defendant’s dividends, and filed a lawsuit of demurrer to the distribution on August 21, 2014, which is within one week thereafter.

[Ground for Recognition: Unsatisfy, Gap evidence 1 through 7 (if there is a satisfy number, including a branch number; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Judgment on the argument of the most lessee

A. The Plaintiff’s assertion is merely the most lessee who abused the protection system for small-sum lessee by concluding a false real estate lease contract with C, and thus, the Defendant recognizes the Defendant as a legitimate small-sum lessee and distributes 1,6150,000 won to the instant distribution schedule, as stated in the purport of the claim.

B. The evidence revealed earlier reveals that C remains as it remains in the instant real estate even after the instant lease agreement was concluded.