1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 19, 2014, the Plaintiff completed the registration of the establishment of a neighboring mortgage, which is the debtor C and the plaintiff of the right to collateral security, with respect to the second floor D Nos. 202 (hereinafter “instant housing”) owned by C, Nam-gu Incheon Metropolitan Government (hereinafter “instant housing”).

B. On January 18, 2015, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with C to lease the instant house with the period from February 24, 2015 to February 24, 2017 (hereinafter “instant lease agreement”).

On February 24, 2015, the Defendant completed a resident registration transfer report and received a fixed date in the lease contract.

C. As stipulated under the terms and conditions of the instant lease agreement, the Defendant remitted the sum of KRW 11,680,000,000, around January 18, 2015, around February 24, 2015, including KRW 10,480,000 (= KRW 1,200,000) around February 24, 2015, to E as lease deposit, and the remainder of KRW 320,000 (= KRW 12,00,000 - KRW 11,680,000), which is 320,000,000 in remainder, in lieu of the Defendant’s direct payment of KRW 320,00 for the change of the three-dimensional replacement cost within the instant house.

1) Upon the Plaintiff’s application, on September 2, 2015, the procedure for the auction of real estate related to the instant housing to the Incheon District Court B (hereinafter “instant auction procedure”).

(2) In the instant auction procedure on September 8, 2015, the Defendant reported the right as a housing lessee and made a demand for distribution.

3) On September 28, 2016, a court of execution: (a) distributed KRW 12,00,000 to the Defendant on the date of distribution on the ground that the Defendant is the first-class lessee; and (b) drafted a distribution schedule that distributes KRW 22,29,167 to the Plaintiff on the ground that the Plaintiff is the fourth-class creditor (the mortgagee). (c) On the said date of distribution, the Plaintiff appeared on the said date of distribution, stated an objection against the entire amount of dividends; and (d) filed a lawsuit of demurrer against the instant distribution on October 4, 2016.

[Ground of recognition] The descriptions of Gap evidence Nos. 1 through 8, Eul evidence Nos. 1, 7, and 8 (including paper numbers), and the purport of the whole pleadings

2. The argument and judgment.