1. The plaintiff's selective claims are dismissed, respectively.

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

1. Basic facts

A. C on September 6, 2009, purchased at KRW 190,000,00 in the purchase price of No. 101 of the first floor (the instant house) of the Seo-gu Incheon Building D, Seo-gu, Incheon, Seo-gu, Incheon, and the same year.

9. 23. Completion of the registration of ownership transfer.

B. C borrowed KRW 130,00,000 from the Plaintiff on September 23, 2009, and on the same day, C completed the registration of establishment of a mortgage over the instant housing amount of KRW 169,000,000 to the Plaintiff.

C. On February 16, 2011, the Defendant entered into a lease agreement with C and the instant housing amounting to KRW 20,000,000 as lease deposit (the instant lease) and the same year.

3. 2. A moving-in report was made; and

3. Until May 3, 200,000 won as lease deposit shall be paid to C, and around that time, he resided in the house of this case after being transferred, and the same year.

3. 8. The fixed date of the above lease contract was obtained.

Upon the Plaintiff’s application, the decision of voluntary commencement of auction was rendered on October 16, 2012 regarding the instant housing, and in the above auction procedure, the Defendant filed an application for the report of right and demand for distribution by asserting that the Defendant was a small lessee on December 18, 2012.

E. On January 3, 2014, the aforementioned court: (a) prepared a distribution schedule with the content that distributes KRW 14,000,000 to the Defendant and KRW 63,913,360 to the Plaintiff; and (b) on the same day, the Plaintiff made a statement of demurrer against the distribution to the Defendant as to the whole amount distributed to the Defendant.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 6 evidence, Eul 2 through 5, 7 through 10 evidence, purport of the whole pleadings

2. Determination as to the claim of demurrer against distribution

A. The plaintiff's assertion 1 of the parties' assertion is not a leased to use the housing of this case for the purpose of real residence, but the defendant is the most lessee who meets the requirements only formally with C, etc. in order to acquire the top priority repayment.

Therefore, the dividend amount of KRW 14,00,000 against the defendant in the above dividend table shall be KRW 0,000, and KRW 63,913,360 against the plaintiff shall be corrected as KRW 77,913,360.