1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 29, 2012, the Plaintiff: (a) lent KRW 100,00,000 to C; (b) decided to set up a collateral of KRW 130,000,000 with respect to the property owned by C (hereinafter “instant building”); and (c) loaned the said property; and (d) completed the registration of the establishment of a neighboring building as of February 29, 2012 by the Incheon District Court No. 16096, Feb. 29, 2012, with respect to the instant building.

B. The Defendant, who entered into a lease agreement between C and the Defendant, appears to be the lessor, Defendant, and lessee, lessee, lease deposit amount of KRW 27,00,000,00 with respect to the building of this case, and the date of surrender is March 15, 2012 and March 14, 2014, respectively.

The lease contract (No. 3) written from 24 months to 24 months, completed the move-in report on the building of this case on February 2, 2012, and immediately transferred a resident registration under D 402, and completed the move-in report on the building of this case on March 15, 2012.

C. On July 9, 2013, upon the Plaintiff’s application, who is a mortgagee of the right to collateral security regarding the instant building, the auction procedure was initiated and proceeded with to the Incheon District Court B on July 9, 2013. On August 5, 2013, the Defendant submitted an application for a report on the right and a demand for distribution as a lessee. On the date of open distribution on March 26, 2014, the said distribution court preferentially distributed KRW 22,00,000 to the Incheon Southern-gu, a person holding the right to collateral security (the pertinent tax), by deeming the Defendant as a lessee of small claims, and then distributed KRW 54,330,00 to the Plaintiff, a person holding the right to collateral security (the pertinent tax), and drafted a distribution schedule that distributes the remainder of KRW 53,291

The Plaintiff stated an objection against the entire amount distributed by the Defendant, and filed a lawsuit of demurrer against distribution on April 2, 2014, which was seven days thereafter.

[Identification Evidence: Evidence Nos. 1 through 3, Evidence No. 6, and Evidence No. 7, the purport of the whole pleadings]

2. The parties' assertion

A. The plaintiff's assertion is that the defendant is a lessor's agent.