1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. C took out a loan of KRW 144,00,000 from the Plaintiff on June 27, 2008, and on the same day, C completed the registration of the establishment of a neighboring mortgage amounting to KRW 187,200,000 with respect to the maximum debt amount regarding the land Nos. 102 of Gangseo-gu Seoul Metropolitan Government and two parcels owned by the Plaintiff (hereinafter “instant real estate”).

B. On July 16, 2013, the Plaintiff applied for a voluntary auction on the instant real estate and completed the registration of the entry of the decision on voluntary auction on July 18, 2013.

C. Meanwhile, on June 4, 2013, the Defendant leased the instant real estate from C with a deposit of KRW 20 million, the lease period from June 5, 2013 to June 5, 2015 (hereinafter “instant lease contract”), and the instant real estate was transferred on June 5, 2013, and was granted a fixed date after filing a move-in report on the same day.

On April 29, 2014, on the date of distribution, the execution court: (a) recognized the Defendant as a small lessee on the instant real estate on April 29, 2014; and (b) drafted a distribution schedule that distributes the amount of KRW 116,549,916 to the Plaintiff, who is a mortgagee, to the Gangseo-gu Seoul Metropolitan Government Office as the holder of the right to deliver KRW 152,360 in the second order; and (c) in the third order, to the Plaintiff as the holder of the right to

E. On May 7, 2014, the Plaintiff stated an objection against the total amount of distribution to the Defendant on the date of the said distribution, and filed the instant lawsuit on May 7, 2014, which was within one week from that date.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, 7, and 8's statements, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The defendant has the opposing power as a small-sum lessee by closing the moving-in and moving-in report immediately before the time when the decision to commence the voluntary auction of the instant real estate was entered. However, the defendant does not intend to use and take profits for residential purposes, but does not formally have been the most lessee who meets the requirements to acquire the highest repayment money with C and is not the genuine lessee.

(b)a fraudulent act;