1. The claim of this case is dismissed.

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

1. Facts of recognition;

A. C signed a sales contract with the Defendant on February 3, 2012 with regard to the purchase of the instant real estate and the establishment of a right to collateral security (hereinafter “instant real estate”).

Accordingly, C paid the down payment of KRW 25,00,000 on February 3, 2012, and paid KRW 34,032,969 on February 14, 2012, and on February 24, 2012, upon completing the registration of ownership transfer with respect to the instant real estate, C paid KRW 329,20,000 as the parcelling-out price while establishing the right to collateral security at the new bank of the mortgagee, the maximum debt amount of KRW 395,040,00. Meanwhile, C decided to postpone the remainder of KRW 164,604,00 until June 27, 2014. To secure this, C created the right to collateral security (right to collateral security) as the mortgagee, the maximum debt amount of KRW 197,524,800 on the same day.

Meanwhile, on February 27, 2012, the Plaintiff made a move-in report on the instant real estate as his father, and resided in the said real estate.

B. On June 3, 2014, New Bank Co., Ltd. filed an application for the commencement of a voluntary auction on the instant real estate with the Ji Government District Court Goyang Branch B, and the auction procedure was conducted on June 3, 2014.

In the above auction procedure, the plaintiff filed a report on the right as a lessee and filed an application for demand for distribution.

C. The court prepared a distribution schedule to the effect that the Plaintiff is excluded from the distribution of dividends, and the Korea Asset Management Corporation, the transferee of a new bank, out of the remaining dividends other than the corresponding tax, distributes the total amount of credit to the Defendant, and distributes the remainder of 59,091,484 won to the Defendant.

Accordingly, the plaintiff appeared on the date of distribution and raised an objection against KRW 22,00,000 among the defendant's dividends.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, 9, 10, Eul evidence No. 7, the purport of the whole pleadings

2. The plaintiff alleged by the parties shall pay 59,040,000 won, in lieu of C, the sum of the down payment and the occupancy deposit with respect to the real estate in this case.