1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 2, 2011, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the instant real estate”) that became the Plaintiff as a joint collateral, under Article 18606 of the Youngcheon District Court’s receipt of the Youngcheon District Court’s registration office, the maximum debt amount of KRW 100 million, the debtor D, and the Plaintiff as the Plaintiff.

B. On October 7, 2013, the instant auction procedure was commenced upon the application of the new bank. On January 16, 2015, the auction court drafted a distribution schedule that distributes KRW 14 million to the Defendant as the first-class lessee of small amount of claims, KRW 7.5 million to E as the first-class lessee of small amount of claims, KRW 3,619,390, and KRW 636,660,618 to the second-class lessee of Youngcheon-si, and KRW 636,60,618 to the transferee of the new bank, and KRW 55,938,567 to the Korea Credit Guarantee Fund.

(hereinafter “instant distribution schedule”). C.

On January 16, 2015, the Plaintiff stated an objection against the total amount of dividends of the Defendant in the distribution procedure of the auction of this case opened on January 16, 2015 and filed a lawsuit of demurrer against distribution of this case.

Meanwhile, the Korea Credit Guarantee Fund made an objection to the total amount of dividends distributed by the Defendant, and filed a lawsuit of demurrer against distribution with the Daegu District Court 2015Kadan101372. On July 2, 2015, the said court rendered a ruling of recommending settlement with the purport that the Defendant’s amount of dividends of KRW 14 million should be corrected to KRW 7 million, and the said ruling became final and conclusive as it is.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Gap evidence 19, Eul evidence 1, Eul evidence 2, Eul evidence 16 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. (1) The Plaintiff (1) is the most lessee who entered into a false lease agreement with D for the purpose of receiving a dividend from the instant auction. Thus, the instant distribution schedule, which was made by recognizing the Defendant as a small lessee, to distribute the KRW 14 million, within the scope stated in the purport of the claim.