1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 24, 2015, the decision to commence the auction of the apartment of this case was made on June 24, 2015 and the registration of the decision to commence the auction was completed on the same day upon the application of the plaintiff (the amount of claim 596,167,087 won) who was the mortgagee of Gangseo-gu Seoul Metropolitan Government D apartment 103, 1401 (hereinafter “instant apartment”).

B. In the above auction procedure around August 2014, the Defendant leased the instant apartment from C with a deposit of KRW 42,00,000, monthly rent of KRW 500,000, and the period from September 30, 2014 to 24 months. Around September 5, 2014, the Defendant filed a report on the right and the demand for distribution on the grounds that he/she received a move-in report and a fixed date.

C. In the above auction procedure, the court of execution prepared a distribution schedule with the content of distributing KRW 31,50,000 in the order of priority among KRW 473,192,082, and KRW 1,756,420 in the order of priority among the amount to be actually distributed on July 20, 2016; KRW 1,756,420 in the order of priority to the defendant; and KRW 439,935,662 in the order of priority to the plaintiff who is the applicant creditor and the mortgagee; and filed the instant lawsuit on July 25, 2016 after the plaintiff appeared on the date of distribution and raised an objection against the total amount of dividends.

【Fact-finding without a dispute over the grounds for recognition, entry of Gap evidence 1-1, 2, 2, and 3-1, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) The Defendant, the owner of the instant apartment, made a move-in report and received a fixed date by making a move-in report by pretending to be a fake lessee with C, which is the owner of the instant apartment, and thus, the said move-in report must

(2) The defendant himself is a legitimate tenant.

B. (1) In full view of the respective statements in Gap evidence Nos. 2 and 4 through 7 and the purport of the entire arguments in the defendant's personal examination result, ① the defendant and C set the apartment of this case to the defendant on August 28, 2014 as deposit money of 42,00,000, monthly rent of 50,000, monthly rent of 500,000, and period of 24 months from September 30, 2014.