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

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

1. Basic facts

A. On May 18, 2012, Incheon Fisheries Cooperatives completed the establishment registration of a neighboring mortgage (hereinafter “mortgage”) with the maximum debt amount of KRW 149,50,000 with respect to the instant real estate as of May 18, 2012.

B. The Incheon Fisheries Cooperatives filed an application for the auction of the instant real estate auction (hereinafter “instant auction procedure”) with the Incheon District Court Branch support C with respect to the instant real estate based on the foregoing right to collateral security, and the said court rendered a decision to voluntarily commence the auction on December 24, 2013.

C. After that, on June 27, 2014, a stock company and AWn F&A completed the registration of collateral security on July 1, 2014, and on the same day, the Savings Bank created the right to collateral security on the said right. On June 27, 2014, the Plaintiff completed the registration of collateral security on the same day (hereinafter “the registration of collateral security”).

On September 23, 2014, the above court recognized the defendant as a tenant of small amount under the Housing Lease Protection Act on the date of distribution, and distributed KRW 17,600,000 to the defendant, and prepared a distribution schedule containing the contents of allocating KRW 88,50,985 to the Savings Bank, Inc., a pledgee of the right to collateral security.

E. On September 26, 2014, the Plaintiff stated an objection to the whole amount of dividends of the Defendant on the date of distribution, and filed the instant lawsuit.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 7 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff asserts that, around the other hand, the Defendant is the most lessee who has only the form of a tenant in order to receive a dividend from small rent in the instant auction procedure, the Defendant’s dividend amount should be deleted, and the Plaintiff should be paid a dividend equivalent to the above amount. 2) The burden of proving the grounds for objection to distribution in a lawsuit of demurrer to distribution is also based on the general civil procedure.