1. The plaintiff's main claim is dismissed.

2. As to Nos. 3, 118 Dong-dong 1201 between the defendant and B.

1. Basic facts

A. On August 16, 2010, a Han Bank Co., Ltd. (hereinafter “I Bank”) completed the registration of the establishment of a mortgage over “Songyang-gu, Yangyang-gu, Yangyang-gu, 118 Dong 1201 (hereinafter “the apartment of this case”)” owned by B on August 16, 2010, with the maximum debt amount of KRW 446,40,000, and the debtor as B.

B. B delayed the principal and interest of the loan, one bank applied for the commencement of a voluntary auction on the apartment of the instant apartment, and on April 2, 2015, the Jung-gu District Court rendered a voluntary decision to commence the auction (D).

C. The Plaintiff acquired all of the collateral security claims against B by one bank, and participated in the auction procedure.

On November 3, 2014, the Defendant leased the instant apartment from B with the lease deposit of KRW 30,000,000 per month, and the rent of KRW 650,000 per month, and filed an application for a report on the right and a request for distribution in the said auction procedure, by asserting that he/she received the move-in report and the fixed date on November 25, 2014.

E. On December 2, 2015, the auction court prepared a distribution schedule containing the content of distributing KRW 20,000,000 in the first priority order on the premise that the Defendant is a small lessee under the Housing Lease Protection Act (within the scope recognized as the top priority repayment right under the Housing Lease Protection Act, and there seems to have been distributed the amount deducting delayed rent from KRW 30,00,00) on the premise that the Defendant is a small lessee under the Housing Lease Protection Act, among the amount to be actually distributed as of December 2, 2015, including the Plaintiff’s claim 422,961,908 won, 356,812,394 won among the Plaintiff’s claim.

F. The Plaintiff appeared on the date of distribution, and raised an objection to the full amount of the Defendant’s dividend, and filed the instant lawsuit within seven days thereafter.

【Ground for Recognition: Facts without dispute, entries in Gap evidence 1, 2, 3, 4, 5, 11, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Defendant, around the Plaintiff, should be excluded from the distribution procedure only because it is the most lessee, and the Defendant’s conjunctively constitutes a fraudulent act even if the Defendant is a legitimate lessee.