1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant, while granting a loan to C, was respectively set up the right to collateral security of KRW 19,20,000 on February 22, 2008, with respect to Down-Ba B02 (hereinafter “instant house”) owned by C as collateral, with regard to the maximum debt amount of KRW 74,40,000, and the maximum debt amount of KRW 19,20,000 on September 2, 2008.

B. 1) During the auction procedure and preparing a distribution schedule, C did not repay the above loan from time to time, and the Defendant filed an application for the auction of this case. 2) The Plaintiff asserted that one of the larger housing units was leased, and filed a report on the right and demand for distribution as a small lessee in the auction procedure of this case.

3) With respect to the amount of KRW 78,810,787 to be actually distributed on February 26, 2015 in the instant auction procedure, the said court shall, in the first order, distribute the amount of KRW 86,010 to the Defendant, who is the mortgagee, who is the mortgagee, and in the second order, KRW 78,727,77 to the Defendant, who is the mortgagee, as the mortgagee (hereinafter “instant dividend table”).

【No dispute over the basis of recognition, Party A’s entry, Party A’s Nos. 1, 8, 9, and Party B’s written evidence No. 5, and the purport of the whole pleadings.

2. Summary of parties' assertion on the issues of the instant case

A. Whether the key issue of the instant case is whether the Plaintiff is the genuine lessee or the most lessee

B. The summary of the party’s assertion 1) The Plaintiff leased one of the instant housing units from C on September 2, 2008 to seek a house in the place of work, and made a move-in report on the same day. After which, upon C’s request, the Plaintiff entered into a move-in report on the same day. After which, on January 12, 2014, the Plaintiff entered into a move-in agreement with C on January 12, 2014, with the lease deposit set at KRW 5,00,000, and obtained a fixed date on March 4, 2014. Accordingly, the Plaintiff was the genuine lessee of the instant housing, and the Plaintiff is entitled to receive a dividend of KRW 16,00,000 from the instant auction procedure as a small lessee.

3. According to the evidence Nos. 2 and 3, the Plaintiff filed a move-in report on the instant house on September 2, 2008, and ② The Plaintiff and C on January 12, 2014.