1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 29, 2011, the Plaintiff loaned KRW 140,000,000 to Nonparty C, and at the time, set the right to collateral security equivalent to KRW 182,00,000 to the maximum debt amount with respect to the D Building Nos. 103, 502, the Guro-gu Seoul Metropolitan Government (hereinafter “instant house”) owned by C as the obligee.

B. Around August 29, 2013, the Plaintiff lost the benefit of time due to C’s failure to pay interest on the said loan more than the interest payment. On October 29, 2013, the Plaintiff applied for voluntary auction to Seoul Southern District Court B. The instant housing was appraised as KRW 174,00,000, but was awarded a successful bid for KRW 145,660,000 on August 13, 2014.

C. On August 14, 2013, the Defendant entered into a lease agreement with Nonparty C on the condition that the instant house is KRW 28 million, and the lease period from August 26, 2013 to August 25, 2015 (hereinafter “instant lease agreement”) and completed the resident registration transfer report on August 26, 2013 and received the fixed date.

On October 29, 2014, the Defendant made a demand for distribution as a tenant of small amount in the above auction case on the instant housing, and this court distributed 25 million won to the Defendant, who requested a preferential repayment as a lessee of small amount on the date of distribution, and 118,250,185 won to the Plaintiff, a mortgagee, who was the right to collateral security, respectively. The Plaintiff appeared on the date of distribution on the date of distribution and raised an objection against the Defendant’s dividend, and thereafter filed a lawsuit of demurrer against distribution on November 3, 2014.

【Ground of recognition】 The fact that there has been no dispute, entry of evidence Nos. 3, 4, 5, and 14, and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The defendant has the opposing power as a small-sum lessee by closing the moving-in and moving-in report prior to the registration of the decision on voluntary commencement of auction on the instant housing, but it does not intend to use and take profit from the housing for residential purposes, but it is the most lessee who meets the requirements for receiving the top priority repayment with C only formally.