1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On August 25, 2008, with respect to the building Nos. 4 and 404 of the Nam-gu Incheon Metropolitan City (hereinafter “instant building”), the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) was completed on August 25, 2008, where the mortgagee of the right to collateral security, Incheon Fisheries Cooperatives, the debtor C, and the maximum debt amount of which are KRW 130 million (hereinafter “the registration of creation of a neighboring mortgage”).

B. On August 21, 2014, on the instant building, the Incheon Fisheries Cooperatives requested a voluntary auction to the Incheon District Court D, and the entry registration of the decision on commencing auction was completed on August 21, 2014.

(hereinafter referred to as the “instant auction procedure”) with respect to the auction procedure progress following the said ruling to commence the auction.

On April 29, 2015, the Plaintiff completed the registration of transfer of the right to collateral security with the Plaintiff as the right to collateral security on the ground of transfer of confirmed claim regarding the instant right to collateral security. On the same day, the Plaintiff’s registration of transfer of the right to collateral security was completed with respect to the Plaintiff’s aforementioned right to collateral security (i) supplementary registration of the right to collateral security with the Gyeonggi-nam Fisheries Cooperatives, the Plaintiff, the debtor, and the amount of credit KRW 130 million, and (ii) supplementary registration of the right to collateral security with the obligee E, the debtor, and the amount of credit KRW 130

On October 21, 2015, the above court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes KRW 20,00,00 to the Defendant, who demanded a distribution as a small lessee on the date of distribution of the instant auction procedure, from the date of distribution to the date of the instant auction procedure, which was held on October 21, 2015, KRW 182,720 in the order of first 1,720 in Nam-gu, Incheon, the delivery authority (relevant tax), KRW 63,239,227 in the order of second 3 order to the Gyeonggi-do Fisheries Cooperatives, the pledgee of the claim secured by the right to collateral security, and KRW 37,864,36

E. The Plaintiff appeared on the date of distribution of the said auction case, and raised an objection against the total amount of distribution to the Defendant, and filed the instant lawsuit on October 27, 2015, which was within one week thereafter.

Grounds for recognition: Facts without dispute, Gap's 1 to 1.