1. The plaintiff's claim is dismissed.

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

Basic Facts

On August 26, 2014, the Seoul Northern District Court C in Seoul Northern District Court (hereinafter referred to as the "Seoul Northern District Court") had started voluntary auction on the real estate listed in the attached Form B (hereinafter referred to as the apartment of this case).

On December 30, 2014, the said bank, while conducting an auction, transferred the right to collateral security to the Plaintiff and notified B of the transfer of the right to collateral security. On January 22, 2015, the Plaintiff reported the credit to the said auction court as the assignee of the right to collateral security.

On October 17, 2014, prior to the completion period to demand a distribution, the Defendant reported it to the above auction court as a small-sum lessee.

On September 17, 2015, the above auction court prepared a distribution schedule with the content that distributes the amount of KRW 16,00,000 to the Defendant, and KRW 468,49,174 to the Plaintiff, the Plaintiff raised an objection to the total amount of dividends to the Defendant on the same day, and filed the instant lawsuit on September 23, 2015.

【Unfounded grounds for recognition】 In full view of the facts stated in Gap’s evidence Nos. 2, 3, 7, and 8, and evidence Nos. 1 through 5, and 7, the purport of the whole pleadings, the defendant entered into a lease contract with the broker of the D Licensed Real Estate Agents’ Office on February 28, 2013 regarding one room among the apartment of this case (hereinafter referred to as the “No. 4 square”) as KRW 2 million, monthly rent, KRW 600,000, and KRW 24 months from March 29, 2013, and completed the same move-in report after delivery of one column from among the apartment of this case as of March 29, 2013; the defendant decided to convert the rent from the B and the year of April 29, 2014 to the former licensed real estate agent’s office; the defendant newly prepared a lease contract with the fixed date of KRW 4 million, including the deposit money, and the fixed date of KRW 3 million, 4 million.