1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 8, 2008, the New Bank Co., Ltd. (hereinafter “New Bank”) as a creditor against C completed the registration of creation of the right to collateral security (2.6 billion won with respect to the real estate listed in the separate list owned by C (hereinafter “instant building”).

B. On September 27, 2013, the new bank filed an application for voluntary auction on the instant building to Seoul Northern District Court B, and received a decision to commence voluntary auction on September 27, 2013, and the entry registration was completed on the same day.

C. The Plaintiff filed a report on the right and demand for distribution by asserting that the Plaintiff was a lessee who leased KRW 205,000,000 among the instant building in the said voluntary auction procedure.

On January 3, 2014, the Plaintiff succeeded to the status of the creditor of the new bank in the above voluntary auction procedure.

E. On March 6, 2015, a court of execution prepared a distribution schedule to distribute each of KRW 16 million to 14 (14), including D, etc. on the date of distribution, KRW 10,701,00, and KRW 2,293,071,486, respectively, to the Defendant (3rd Order).

F. Accordingly, on the aforementioned date of distribution, the Plaintiff raised an objection against KRW 16 million out of the amount of distribution to the Defendant, and thereafter filed the instant lawsuit on March 13, 2015, which was within one week thereafter.

[Reasons for Recognition] Facts without dispute, Gap 1, 5, 9, 10 evidence, the purport of the whole pleadings

2. The parties' assertion

A. On October 10, 2012, the Plaintiff entered into a contract with C, the owner of the instant building, for the extension and remodeling of the instant building, and completed the construction, but was not paid part of the construction cost, and leased KRW 205,000,000, out of the instant building from C on October 10, 2012, the Plaintiff converted the deposit amount of KRW 50,000,000 from the contract price claim to the deposit bond.

The Plaintiff received the instant building under the said lease agreement, completed the move-in report on October 23, 2012, and received KRW 10 million from C on September 12, 2013 as the refund of deposit money.