1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 11, 2006, the Defendant concluded a lease agreement with the E second floor No. 201 (hereinafter “instant real estate”) from December 17, 2006 to December 16, 2008 by setting the deposit amount of KRW 65 million, and the period from December 17, 2006 to December 16, 2008.

B. The Defendant received a move-in report and a fixed date on December 19, 2006 from the instant real estate.

The Defendant, on September 18, 2008, filed a move-in report with the Seoul Gangdong-gu Seoul Metropolitan Government FF on the resident registration card, and again completed the move-in report on November 4, 2008.

C. 1) On September 8, 2011, the Industrial Bank of Korea established the right to collateral security with the obligor D, the maximum debt amount of KRW 120 million on the instant real estate. On March 13, 2015, the said right to collateral security was completed with the supplementary registration of partial subrogation (the repayment amount of KRW 11,971,338) on the ground of the Plaintiff’s partial subrogation (the repayment amount of KRW 11,971,338) on March 9, 2015. In addition, on January 22, 2015, the Plaintiff completed the registration upon obtaining a provisional attachment order of KRW 49,300,00 from the Seoul Western District Court Decision 2014Kadan53063 on the instant real estate.

The instant real estate had been voluntarily decided on March 30, 2015 upon the Plaintiff’s application for the auction of real estate rent to Suwon District Court Sung-nam Branch B, and thereafter the application for the auction of real estate rent in the above court C filed by the National Bank of Korea.

(hereinafter collectively referred to as “instant auction procedure”). (e)

On the date of distribution implemented on November 26, 2015, the said court drafted a distribution schedule as shown below (hereinafter “instant distribution schedule”).

In the case of creditorsHanam-si, the creditor 1234 194,880,880 won 65,000,000 won 54,963,436 won 31,707,751 won dividend rate of 100% 100% 27.78% of the dividend rate of 194,880,000 won 65,963,436 won

F. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection as to KRW 60,334,513 out of the amount of distribution to the Defendant, and on December 2, 2015, within one week thereafter.