1. The plaintiff's claim is dismissed.

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

Basic Facts

C obtained a loan of KRW 60 million from the Incheon Fisheries Cooperatives on November 12, 2008, and established the right to collateral security with the maximum debt amount of KRW 78,000,000 under the Jung-gu Incheon Fisheries Cooperatives (hereinafter “instant real estate”) owned by C, Jung-gu, Incheon (hereinafter “instant real estate”).

At the request of the Incheon Fisheries Cooperatives, on February 19, 2014, the voluntary auction procedure was initiated regarding the instant real estate.

(B) The Defendant filed a report on the right and demand for distribution, alleging that it is a lessee who paid the lease deposit amount of KRW 25 million with respect to the instant real estate during the above auction procedure.

On June 25, 2014, the Incheon Fisheries Cooperatives transferred the right to collateral security and the right to collateral security to Daehan Co., Ltd. on the same day, and the plaintiff set the right to collateral security on the same day.

On the date of distribution implemented on November 11, 2014, this Court distributed KRW 20 million to the Defendant on the date of distribution, and distributed KRW 41,325,691 in the second order to the Plaintiff, who is the pledger of the right to collateral security.

The plaintiff raised an objection against the amount of distribution to the defendant on the date of distribution.

[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 Eul evidence Nos. 1 through 5 (including paper numbers), the defendant has a claim for dump truck rent amounting to KRW 41 million against Eul. However, the defendant, E and E's Dong C, out of the above bonds, shall be converted to the lease deposit of the real estate of this case, and the defendant agreed to lease the real estate of this case. According to the agreement, the defendant and C, as to the real estate of this case on January 10, 2010, the lease contract of this case between January 10, 2010 and January 9, 2012 (hereinafter "the lease contract of this case").