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

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

1. Basic facts

A. In order to secure a debt of KRW 110,00,000 for C’s loans, the Plaintiff completed the registration of the establishment of a mortgage near the maximum debt amount of KRW 143,00,000 for the instant real estate owned by C on February 1, 2010.

(hereinafter “instant collateral security”). B.

Since then, C did not pay interest on the above loan obligation, the Plaintiff filed an application for a voluntary auction of real estate on the instant real estate with the Incheon District Court B, based on the instant collateral security, and received a voluntary decision to commence auction from the above court on April 5, 2013.

(hereinafter “instant auction procedure”). C.

During the auction procedure of this case, the defendant himself paid the deposit amount of KRW 23 million to the court of execution and claimed that he is the lessee who leased the real estate of this case, and filed a report on the right and demand for distribution.

In distributing the amount of KRW 118,865,262 to be actually distributed on the date of distribution implemented on May 28, 2014, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes the amount of KRW 20,00,00 to the Defendant who applied for a demand for distribution as a small lessee, and the amount of KRW 98,865,262 to the Plaintiff, who is the mortgagee, as the right to collateral security (hereinafter “instant distribution schedule”).

E. Accordingly, on the aforementioned date of distribution, the Plaintiff raised an objection to the entire amount of distribution to the Defendant, and thereafter filed the instant lawsuit on June 3, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 8, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s selective assertion is the most lessee who concluded a false rental agreement on the instant real estate in collusion with C in order to receive a small amount lease deposit under the Housing Lease Protection Act. Thus, it is unlawful for a court of execution to deem the Defendant as a small lessee and distribute the amount of KRW 20 million to the Defendant, and thus, to delete the amount of dividends to the Defendant and distribute it to the Plaintiff.