1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 30, 2010, the Plaintiff loaned KRW 117,000,000 to Nonparty C. On the same day, the Plaintiff completed the registration of the establishment of a neighboring mortgage, which is the debtor C and the mortgagee, as to the maximum debt amount of KRW 162,50,000,00 with respect to the third-class D No. 304 of Dong 1, Seo-gu, Incheon (hereinafter “instant building”).

B. The Plaintiff on September 1, 2014

Based on the right to collateral security, the Incheon District Court filed an application for a voluntary auction of the instant building B with the Incheon District Court, and the decision of voluntary auction was rendered on September 29, 2014 by the above court.

C. The Defendant asserted that the lease contract between C and C was concluded on January 27, 2014, which was stipulated from January 29, 2014 to January 29, 2016 as the lease deposit amount of KRW 26,00,000,00 for the instant building, and that the lease contract was concluded between January 29, 2014 and January 29, 2016, and filed an application for a report on rights and a request for distribution with the auction court around December 15, 2014, which was in progress with the said auction

On July 14, 2015, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 104,377,261 to the Defendant, who is a small lessee, and KRW 22,00,000, and KRW 82,091,241 to the Plaintiff, who is the applicant creditor (the mortgagee), who is a small lessee, in the first order.

E. The Plaintiff appeared on the aforementioned date of distribution, and stated an objection to the total amount of distribution to the Defendant, and filed the instant lawsuit on July 21, 2015, which was seven days or less thereafter.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 to 5 (including various numbers for those with different numbers), the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is selectively selected, as the Defendant is the most lessee, the amount of dividend against the Defendant should be deleted, or since concluding a lease agreement on the instant building between C and C with a debt excess, it is a fraudulent act, it should be revoked and the amount of dividend against the Defendant should be deleted due to reinstatement.

B. The summary of the defendant's assertion is that the defendant entered into a lease contract with C and actually resides therein.