1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is a company that acquired the right to collateral security (hereinafter “instant real estate”) established with respect to H No. 2nd floor in Gwangjin-gu, Seoul (hereinafter “instant real estate”) owned by G from F Co., Ltd.

B. On April 4, 2016, F Co., Ltd. filed an application for voluntary auction to Seoul Eastern District Court C with respect to the instant real estate upon the foregoing collateral security, and thereafter, the said court D and E were to proceed with each request for auction by creditors J and F Co., Ltd.

(hereinafter “instant auction”). C.

In the instant auction procedure, the said court prepared a distribution schedule with the content that the Defendant distributes KRW 15,00,000 to the Plaintiff, a transferee of F Co., Ltd., to the second priority (applicants) among KRW 283,575,831, which is to be actually distributed as of March 15, 2017, and KRW 268,575,831 to the Plaintiff, a transferee of F Co., Ltd.

The Plaintiff appeared on the date of the above distribution, and raised an objection against the amount of distribution to the Defendant among the above distribution schedule, and filed the instant lawsuit within seven days thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1 of the parties concerned is merely the most lessee who intends to receive the distribution by preparing a false lease contract on the real estate of this case with G.

Even if the Defendant entered into a genuine lease agreement with G, it is possible for the Defendant to enter into a lease agreement with G, even if it is aware that there is a high possibility of early auction due to the establishment of the F’s maximum debt amount of KRW 36,000,000 for the instant real estate and the collective security of USD 360,000 for the amount of USD 360,000 for the instant real estate at the time of the lease agreement, with the knowledge that there is a high possibility of early auction. Therefore, the Defendant is a small lessee