1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. C borrowed KRW 58,00,000 from the Plaintiff on July 23, 2010, and as security, C completed the registration of creation of a mortgage over the instant housing with the obligor C and the maximum debt amount of KRW 75,400,000 to the Plaintiff.

B. Meanwhile, on May 20, 2013, the Defendant filed a lawsuit against C seeking the return of the lease deposit with the Incheon District Court Decision 2013Ga Office 66334, and received a decision of performance recommendation to the effect that “C shall pay KRW 20,000,000 to the Plaintiff” on May 20, 2013, and became final and conclusive around that time. Based on the above claim, the Defendant filed an application for compulsory auction on the instant housing on July 4, 2013, and filed a decision of voluntary commencement of auction on the instant housing to the court B, and the said auction procedure (hereinafter “instant auction procedure”).

C. On April 10, 2014, at the instant auction procedure, the distribution schedule was prepared in which each of the dividends was distributed in KRW 19,806,295 to the Defendant and KRW 19,623,574 to the Plaintiff (hereinafter “instant distribution schedule”). The Plaintiff appeared on the said distribution date and made a statement of objection to the distribution against the total amount of the Defendant’s dividends, and filed a lawsuit of objection to the instant distribution on April 17, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 9 evidence, purport of the whole pleadings.

2. Judgment on the argument of the most lessee

A. The Plaintiff’s assertion is merely the most lessee who entered into a false real estate lease agreement with C, and the Defendant, who recognized the Defendant as a small lessee, and distributed KRW 19,806,295,00, shall seek correction as to the instant distribution schedule as stated in the purport of the claim.

B. In full view of the evidence mentioned earlier, Eul evidence Nos. 1 through 10 (including each number of evidence Nos. 2, 3, 6, 8, and 10), the testimony of witness E, the new bank of this court, the national bank, the results of the order to submit each financial transaction information to the Gyeyang Saemaul Bank, and the whole purport of the pleadings, the defendant is with C on July 5, 2010.