1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 22, 2009, C obtained a loan of KRW 85 million from the Plaintiff as security the real estate stated in the purport of the registration of ownership transfer (hereinafter “instant building”, and the transaction declaration value of KRW 135 million) that was completed on September 2, 2009. As to the said building, C completed the registration of the establishment of a neighboring maximum debt amount of KRW 11.4 million in the future of the Plaintiff.

B. After that, C, on January 17, 201, completed the registration of creation of a mortgage over the second priority of the maximum debt amount of KRW 25 million on January 17, 2011, and on February 14, 2012, C also completed the provisional registration of the right to claim the transfer of ownership on the ground of trade reservation.

(hereinafter referred to as the “priority registration and provisional registration”).

C On October 14, 2013, under the brokerage of F Licensed Real Estate Agent F (G Licensed Real Estate Agent Office), the Defendant entered into a lease agreement between the Defendant on the instant building with a deposit of KRW 22 million (one million balance of the contract deposit of KRW 21 million) and the lease term of the instant building from November 22, 2013, which is the remainder date (the registration of subordinated mortgage and provisional registration shall be terminated on the remainder date as the special agreement) (the registration of subordinated mortgage and provisional registration shall be terminated on the remainder date). Accordingly, in paying the remainder of KRW 21 million on the remainder date, the Defendant confirmed that the application for cancellation of subordinated mortgage registration and provisional registration was received, and completed the move-in report and the fixed date on the same day.

However, from the end of October 2013, C lost the benefit of time due to delinquency in payment of the above loan interest and reimbursement, and the Plaintiff voluntarily filed an application for auction (this court B) on the instant building in January 2014.

E. On the date of distribution implemented on September 17, 2014, the executing court distributed the Defendant, who applied for a demand for distribution as a small lessee, the top priority repayment amounting to KRW 20 million, and KRW 42,463,377, etc. to the Plaintiff.

[Ground for Recognition: Facts without dispute, entry in Gap1 through 9]

2. Determination as to the cause of action

A. The plaintiff asserts that the defendant is the largest tenant as the grounds for objection to the distribution.

Doctrine, Doctrine 1 to 7, respectively.