1. The claim of this case is dismissed.

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

1. Basic facts

A. On December 16, 2010, the Plaintiff completed the registration of establishment of a collateral security right with a maximum debt amount of KRW 496,600,000 with respect to H 709 square meters and above-ground housing buildings (hereinafter “the instant building”), and I large 103 square meters in Pakistan owned by Nonparty G, the Plaintiff completed the registration of establishment of a collateral security right, which consists of KRW 496,60,000.

B. The procedure for compulsory auction was carried out as Goyang Branch B with respect to each of the above real estates, and subsequent additional cases were consolidated and overlapped.

In the above procedure, the defendant filed a demand for distribution and a report on the right to the housing of this case as a lessee.

C. In the above procedure, the above court considered the defendant as the senior creditor, and distributed KRW 55,00,000 to the defendant, and distributed KRW 116,718,884 to the plaintiff.

Accordingly, the plaintiff appeared on the date of distribution and raised an objection against the total amount of the defendant's dividends.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 10, and the purport of the whole pleadings

2. The plaintiff asserted that according to the lease agreement concluded between G and the defendant, the deposit amount of KRW 20 million is KRW 350,000,000 per month, and the rent is KRW 350,000 per month, and as at December 16, 2010, the defendant was not stated at the time when the moving household was inspecting the house of this case, which was created by the plaintiff as of December 16, 2010, and therefore, the distribution schedule of this case where the deposit amount of KRW 55,00,000 is distributed to the defendant in priority

3. Determination

A. Comprehensively taking account of the overall purport of the arguments in the evidence No. 1 and No. 4 regarding the conclusion of a lease agreement, the Defendant concluded a lease agreement with respect to KRW 55,000,000 with respect to KRW 301 of the instant building among the instant buildings on October 18, 2010 and the term of lease from November 3, 201 to November 2, 2011 (hereinafter “instant lease agreement”), and concluded the said agreement with a notary public on October 25, 2010 (hereinafter “instant lease agreement”). The fact that the notary public obtained a fixed date as prescribed by the beauty law firm No. 942, Nov. 2, 2010; and that the Defendant paid KRW 55,00,000 as deposit deposit under the said agreement by November 2, 2010.

2.3.