1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 2, 2012, the Gyeyang Agricultural Cooperative filed an application for voluntary auction of real estate on the basis of the right to collateral security on four lots of land and its ground buildings located in Gyeonggi-gu, Gyeonggi-do, including the real estate indicated in the attached list, (hereinafter “instant real estate”). On December 26, 2012, the Suwon District Court rendered voluntary decision to commence auction of the said real estate as Suwon Branch Branch C, which had been decided to commence the auction of the said real estate.

B. In the above auction procedure, on December 13, 2010, the Defendant concluded a lease contract with B as to the second floor (hereinafter “instant housing”) among the real estate listed in the attached Table list, with the lease deposit of KRW 20 million, monthly rent of KRW 200,000,000, and the lease term from January 29, 201 to January 28, 2013 (hereinafter “instant lease contract”). The Defendant asserted that he/she had resided in the instant housing after having received a fixed date and filed a move-in report on January 19, 201, and demanded the said auction court to file a report and file an application for the right as a lessee on February 13, 2013.

C. The Plaintiff acquired the right to collateral security claim amounting to KRW 200 million from E, who is the mortgagee of the instant real estate, with respect to the instant real estate, and upon October 2013, E notified the assignment of the said right to B.

On October 22, 2013, the Plaintiff reported the change as a transferee of the right to collateral security in the above auction court. D.

On October 30, 2013, the above auction court prepared a distribution schedule that distributes the amount of KRW 12 million to the Defendant, a lessee of small claims, KRW 2,00,000, KRW 2666,278, and KRW 266,278, and KRW 221,000,000 to the Yangyang Agricultural Cooperative, a creditor applying for the second priority, and KRW 313,447 to the Plaintiff, a mortgagee, respectively, on the date of distribution.

The Plaintiff filed the instant lawsuit on November 5, 2013, after stating an objection to the whole amount distributed to the Defendant on the date of distribution.

E. Meanwhile, based on December 13, 2010, which was the date of the conclusion of the instant lease agreement, the instant real estate is the only property of B, which is the debt excess status.

[Ground of recognition] Unsatisfy, A(1) through (3)