1. The plaintiff's claim is dismissed.

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

1. Facts recognized;

A. On June 22, 2009, the Defendant leased money to C, and obtained a right to collateral security (hereinafter “instant real estate”) from Yeonsu-gu Incheon Metropolitan City D Apartment No. 113, 1002, 113, 1002 (hereinafter “the maximum debt amount”), which was owned by C as a collateral against it.

B. On September 1, 2013, on the instant real estate upon the Defendant’s application, the procedure was initiated on September 11, 2013.

C. On June 22, 2015, the court of auction prepared a distribution schedule with the content that distributes the amount of KRW 364,702,210 to E, who is the mortgagee, to the Defendant, who is the mortgagee, in the second order, to the Incheon Yeonsu-gu, the holder of the right to deliver (the pertinent tax), KRW 978,680, and KRW 313,200,000, and KRW 50,523,530, which is the mortgagee, in the third order.

On the date of distribution of the instant case, the Plaintiff raised an objection against KRW 30 million out of the amount of distribution to the Defendant, and filed the instant lawsuit on June 25, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 5, 6 evidence, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff asserts as follows.

In other words, the Plaintiff purchased the instant real estate jointly with C, and the transfer registration was made in the name of C.

C paid interest of KRW 260 million to the Defendant from around 2010 to May 2013.

C was difficult to repay the said money to the Plaintiff, and on March 14, 2013, written a lease contract with a deposit amount of KRW 30 million on the instant real estate.

On March 14, 2013, the Plaintiff determined that, upon confirmation of the fact of residence, the Plaintiff would be given preferential repayment of KRW 17 million, and completed a move-in report and resided in the instant real estate.

Therefore, it is unreasonable for the court of auction to exclude the plaintiff from the dividend because the plaintiff is a small lessee.

In addition, upon filing an application for voluntary auction on September 10, 2013, the Defendant stated the requested amount in KRW 286,686,897, and on September 10, 2013.