1. The plaintiff's claim is dismissed.

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

Basic Facts

The Plaintiff established the instant right to collateral security (hereinafter “instant right to collateral security”) on June 27, 2013, with respect to D 403, Bupyeong-gu, Incheon (hereinafter “instant real estate”) owned by C in order to secure a loan claim against C, the Plaintiff completed the registration of establishment of the instant right to collateral security (hereinafter “instant right to collateral security”).

On January 9, 2015, the Plaintiff filed a motion for voluntary auction (B) regarding the instant real estate with the Incheon District Court for the progress of the instant auction procedure and the Defendant’s demand for distribution, and the said court rendered a ruling to commence the auction on the 12th of the same month.

(hereinafter) The above auction procedure is “instant auction procedure.” During the instant auction procedure, the Defendant filed a report on the right and the demand for distribution by asserting that the lessee of the instant real estate was the lessee.

On November 20, 2015, on the date of distribution implemented on November 20, 2015, the court prepared a distribution schedule with the content that distributes KRW 22 million to the defendant who demanded distribution as a small lessee (hereinafter “instant distribution schedule”) in the order of priority.

On the date of distribution, the Plaintiff raised an objection against KRW 16,871,476, out of 22 million, to the Defendant on the date of distribution, and thereafter filed the instant lawsuit on November 27, 2015, within one week thereafter.

In light of the fact that there is no dispute, the plaintiff's assertion of the purport of Gap's evidence Nos. 1 through 5 (including a serial number; hereinafter the same shall apply) and the purport of the whole pleading, and the plaintiff's assertion of the plaintiff's assertion of the plaintiff's assertion of the purport of the plaintiff's argument, there are circumstances to suspect the time when the defendant entered into a lease agreement with C, the amount of lease deposit, etc., and the defendant's living in the real estate of this case is not clear, the defendant is the most lessee,

Judgment

In a lawsuit of demurrer against distribution, the plaintiff is against the facts constituting the grounds for objection against distribution.