1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. The following facts of recognition are not disputed between the parties, or may be acknowledged by taking account of the whole purport of the pleadings as a whole in the entries in Gap evidence Nos. 1 to 3 and 6:

On September 17, 2010, the Plaintiff loaned KRW 128,000,00 to C, and completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) with respect to the real estate listed in the attached list owned by C on the same day (hereinafter “instant housing”) with a maximum debt amount of KRW 153,60,000,000.

B. On August 23, 2013, at the request of the Plaintiff, who is the first mortgagee, the instant house, the procedure of voluntary auction began on August 23, 2013 (hereinafter “instant voluntary auction procedure”).

The Plaintiff reported the total amount of KRW 128,00,00,000, interest of KRW 2,525,891 as a creditor and a collateral mortgagee during the above voluntary auction procedure, which is the sum of KRW 130,525,891.

C. In the instant voluntary auction procedure, the Defendant asserted that the executing court is a small lessee under the Housing Lease Protection Act and filed a report on the right and demand for distribution with the executing court.

On October 24, 2014, the court of execution opened a date of distribution, and prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the sum of KRW 22,468,00,000 (as of September 17, 2010, the date of establishment of the instant right to collateral security) and KRW 468,004 (as of the small lease deposit as of January 1, 2014, the portion which is not preferred to the instant right to collateral security) to the Defendant who demanded a distribution as a lessee of small claims, shall be KRW 22,468,04 in the first order, and that the amount of KRW 117,904,718 in the second order to the Plaintiff as the applicant creditor, who is the right to collateral security (hereinafter “instant distribution schedule”).

E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the total amount of distribution to the Defendant, and thereafter filed the instant lawsuit on October 29, 2014.

2. The parties' assertion

A. The defendant intends to use and benefit from the housing of this case around the plaintiff's assertion.