1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 17, 201, C obtained a loan from the non-party Kim Jong-dong-gu, Incheon Metropolitan City (hereinafter “instant building”) as security, which has completed the registration of ownership transfer on May 17, 201, from the non-party Kim Jong-dong-gu (hereinafter “the instant building”). As to the said building, C completed the registration of ownership creation of the first priority class of KRW 52 million with respect to the maximum debt amount of the non-party association in the future.

B. On February 25, 2012, C entered into a lease agreement between the Defendant and the Defendant for a period of KRW 15 million (500,000,000,000,000) with respect to the instant building under the brokerage of nearby licensed real estate agents E, and the remaining period from March 10, 2012, which is the remainder date.

At this time, in the lessor's side, non-party F C, and in the lessee's side, G, who is the defendant's model, prepared a lease contract on behalf of the defendant respectively.

The defendant completed the move-in report and the fixed date on March 15, 2012 according to the above lease contract.

C. After that, on September 4, 2014, the non-party union filed an application for voluntary auction of the instant building with the status of the above-mortgaged mortgagee (this court B).

In the above auction procedure on December 5, 2014, the additional registration of the transfer of the right to collateral security was completed due to the transfer of the finalized claim in the future of the plaintiff, and the additional registration was completed in accordance with the creation of the right to collateral security again in the future of the parent-gu Savings Bank.

In the above auction procedure, the building of this case was sold in 19 million won.

On March 22, 2016, the court of execution distributed the Defendant, who applied for a demand for distribution as a small lessee, the top priority payment of KRW 9,684,142 up to the limit of 1/2 of the housing price, and the Plaintiff’s pledgee’s non-party savings bank 9,51,263 won, etc. to the lower order.

[Reasons for Recognition: Descriptions of Evidence A1 to 4]

2. The Plaintiff asserts that the Defendant is the most lessee on the grounds of objection against distribution.

W. Written evidence Nos. 1 and 2 (including partial number of heading) of the above evidence;