1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 24, 2017, this Court prepared a distribution schedule (hereinafter “instant distribution schedule”) such as allocating KRW 20,590,367 to the Plaintiff, who reported the claim amounting to KRW 30,000,00,000, recognizing the status of the lessee of the smallest amount of preferential repayment on the date of distribution on April 24, 2017, by recognizing the status of the lessee of the smallest amount of repayment (the first order), and distributing KRW 20,590,367 to the Plaintiff who reported the claim amounting to KRW 30,074,10.

B. On April 24, 2017, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the whole amount of the Defendant’s dividends, and filed the instant lawsuit within seven days thereafter.

[Ground of recognition] Unsatisfy, entry of Gap evidence 3 (including provisional number), purport of whole pleadings

2. The party's assertion and judgment as to it

A. 1) The gist of the Plaintiff’s assertion is that the Defendant is the most lessee, and thus, the instant distribution schedule ought to be revised as stated in the purport of the claim, in which the Defendant recognized the status of the lessee of small claims, and distributed KRW 14,00,000,00 to the Defendant. 2) The Defendant, around November 15, 2013, entered into a lease agreement between the lessorF and the instant real estate, and paid the entire deposit.

Then, the Defendant agreed to revise the F and the above contract with F around February 2014 to a lease agreement with the maximum amount of 40 million won per month on the ground that the secured debt incurred by the registration of creation of a neighboring mortgage, which amounting to 144 million won of the maximum amount of debt created in the instant real estate, may not be collected later due to the secured debt incurred by the registration of creation of a neighboring mortgage.

On February 4, 2014, the Defendant transferred the instant real estate to the instant real estate, and obtained a fixed date on February 27, 2014, in the lease contract causing deposit 40 million won.

On April 4, 2014, the Defendant filed a move-in report on the instant real estate on January 12, 2016, and again filed a move-in report on January 12, 2016, and the said move-in report was filed on April 4, 2014.