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 August 13, 2010, in order to secure loan claims by lending KRW 140 million to C, the Seongbuk Saemaeul Community Fund completed the registration of the establishment of a neighboring community credit with the amount of maximum debt KRW 182 million as of the instant real estate owned by C on August 13, 2010, by the Incheon District Court Decision No. 52277, the registration office, North Korea District Court, Incheon, Incheon, the registry office, 2010, which was received on August 13, 2010.

B. The Defendant’s mother, on behalf of the Defendant, leased the instant real estate to C on January 26, 2015, with the lease deposit of KRW 26 million, and with the lease term from January 31, 2015 to January 30, 2017.

(hereinafter “instant lease agreement”). The Defendant completed a move-in report on February 2, 2015 and received a fixed date on the same day.

C. The Seongbuk Saemaeul Saemaul Community Fund applied for the auction of the real estate auction on the instant real estate to B of the court based on the foregoing right to collateral security, and this court rendered a decision to commence voluntary auction on April 3, 2015.

(hereinafter “instant auction procedure”). D.

On May 15, 2015, the Defendant reported the right as a lessee and made a demand for distribution in the auction procedure of this case.

E. On the other hand, on June 29, 2015, the Plaintiff acquired the above loan claims against C from the Seongbuk Saemaeul Community Fund, and completed the registration of collateral security by the Incheon District Court’s North Incheon District Court’s receipt of June 29, 2015 (No. 57794).

F. On the date of distribution implemented on December 29, 2015, the instant court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes KRW 22 million to the Defendant, who demanded the distribution of KRW 118,576,421, in the order of priority, to the Plaintiff, a mortgagee, in the third order.

E. On January 4, 2016, 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 January 4, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the primary cause of action.