1. The plaintiff's primary and conjunctive claims are all dismissed.

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

1. Basic facts

A. On September 16, 2008, the Plaintiff (hereinafter “Plaintiff”) leased KRW 190,000,000 to C on September 16, 2008. As security for the foregoing loan claim, the establishment registration of the right to collateral security (hereinafter “instant right to collateral security”) with the obligor, the maximum debt amount of KRW 247,00,000,00 with respect to the “Ycheon-gu D Apartment 11 and 705,” which is owned by C (hereinafter “instant real estate”).

B. Since then, the Plaintiff filed an application for a voluntary auction of the instant real estate on the instant real estate in B with the court based on the instant right to collateral security, and this court rendered a voluntary decision to commence the auction on June 25, 2013.

(C) The auction procedure commenced pursuant to this paragraph (hereinafter referred to as “instant auction procedure”).

In the process of the instant auction procedure, the Defendant asserted that he was a lessee who entered into a lease contract of KRW 23,000,000 (hereinafter “instant lease contract”) with C as to the instant real estate, and filed a report on the right and a demand for distribution.

On May 29, 2014, this Court drafted a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 20,000 to the Defendant, who demanded a distribution of KRW 20,000,00 to a small lessee on the date of distribution implemented on May 29, 2014, KRW 129,270 to the Incheon Gyeyang-gu, the issuing authority (the pertinent tax), and KRW 157,653,986 to the Plaintiff, the mortgagee, respectively.

E. On June 3, 2014, the Plaintiff raised an objection to the entire amount of distribution to the Defendant on the date of the said distribution, and thereafter filed the instant lawsuit on June 3, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, Gap evidence 3, 4, 11, the purport of the whole pleadings

2. The parties' assertion

A. In light of the circumstances delineated below, the Defendant is the most lessee with respect to the instant real estate.