1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On December 3, 2009, C concluded on December 3, 2009, the establishment registration of the mortgage on the real estate indicated in the separate sheet (hereinafter “instant real estate”) with respect to the Plaintiff, C and C, the maximum debt amount of KRW 169 million.

B. On September 27, 2013, the Plaintiff filed an application for voluntary auction on the instant real estate based on the foregoing right to collateral security, and the decision to commence voluntary auction was rendered to the Incheon District Court B, and the auction procedure was in progress.

C. The Defendant filed a report on the right and demand for distribution by asserting that it is a lessee who paid the lease deposit of KRW 20 million under a lease agreement concluded on April 18, 2013 (hereinafter “instant lease agreement”) with C with respect to the instant real estate during the said auction procedure.

On August 25, 2014, the date of distribution, at the above auction procedure, the distribution schedule was prepared to distribute 19 million won to the Defendant as the first-order lessee and 128,954,265 won to the Plaintiff as the third-order mortgagee (hereinafter “instant distribution schedule”). The Plaintiff appeared on the aforementioned distribution date and made a statement of objection to the distribution against the total amount of the Defendant’s dividends, and filed a lawsuit of objection to the distribution of the instant case on September 1, 2014, which is within one week thereafter.

【Ground for Recognition: Facts without dispute, entry in Gap evidence 1 through 6 (including branch numbers, if any) and the purport of the whole pleadings】

2. Judgment on the argument of the most lessee

A. The plaintiff's assertion is merely the most lessee who entered into a false real estate lease contract with C, and the defendant is recognized as a small lessee and distributed the amount of KRW 19 million to the court below for correction as stated in the distribution schedule of this case.

B. According to the evidence stated earlier, the objective financial data proving that the lease deposit that the Defendant paid was delivered to C is not submitted, and the remainder is paid prior to the payment date of the balance under the contract, and the resident registration of C is registered.