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

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

Basic Facts

On June 17, 2010, the Plaintiff completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with a maximum debt amount of KRW 136,500,000 with respect to the instant real estate owned by C in order to secure the claim for loans of KRW 105,00,000 against Nonparty C.

On June 12, 2013, the Plaintiff’s application for voluntary auction based on the instant right to collateral security began with the Incheon District Court B regarding the instant real estate.

The Defendant filed a report on the right and demand for distribution by asserting that it is a lessee who paid KRW 22,00,000 to the instant real estate during the above auction procedure.

On February 27, 2014, this Court prepared a distribution schedule with the content that distributes the amount of KRW 20,000,000 to the Defendant, who demanded a distribution as a small lessee on the date of distribution that was implemented on the date of distribution, and the amount of KRW 80,628,274 to the Plaintiff, a mortgagee, respectively.

On the date of distribution, the plaintiff raised an objection to the whole amount of dividends to the defendant.

[Ground of recognition] The plaintiff asserts that the plaintiff is the largest tenant, as to the non-contentious facts, Gap 1, 2, 5, 6 evidence, and the purport of the entire pleadings.

According to the overall purport of evidence Nos. 3, 3, 4, 7, and 12 (including paper numbers) and the whole pleadings, the Defendant entered into a lease agreement with C on April 22, 2013 to lease the instant real estate with the term of lease deposit of KRW 22 million, and the term of lease of the instant real estate from April 24, 2013 to April 23, 2015 (hereinafter “instant lease agreement”); the Defendant paid the down payment of KRW 1 million to C via E on the same day; the Defendant remitted the remainder of KRW 20,100,000 to C on April 24, 2013; the Defendant completed a move-in report and a fixed date on April 24, 2013; and the Defendant paid the instant real estate fees, gas charges, water charges, and other public charges; and the fact that the instant real estate delivery was also recognized.

According to the above facts of recognition, the defendant.