1. The plaintiff's claim is dismissed.

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

1. The following facts may be acknowledged either in dispute between the parties or in full view of the whole purport of the pleadings as to each description of evidence Nos. 1 and 5-1, 2, 2, 3, 4, 6, 7, and 10-1, respectively.

On April 3, 2009, the Plaintiff loaned KRW 70,000,000 to C, and completed the registration of the establishment of the neighboring mortgage, which is the debtor C and the mortgagee, with respect to KRW 91,00,000,000 for the amount of maximum debt, as to the amount of KRW 102,00,000 and KRW 101,00,00 in Incheon Bupyeong-gu, Incheon (hereinafter “instant building”).

B. The Plaintiff on March 28, 2014

Based on the right to collateral security, the Incheon District Court filed an application for a voluntary auction of the instant building B with the Incheon District Court, and the decision of voluntary auction was rendered on March 31, 2014 by the above court.

C. The Defendant asserted that the lease contract with C was concluded on October 16, 2013, which was stipulated from November 2, 2013 to November 2, 2015 as the lease deposit amount of KRW 22,00,000,00 for the instant building, and that the lease contract was concluded between November and November 2, 2015. The Defendant filed an application for a report on the right and a request for distribution with the Auction Court around May 15, 2014, while the said auction procedure was in progress.

On April 29, 2015, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 50,360,80,802 to the Defendant, who is a small lessee, to the Defendant, who is the applicant creditor (the mortgagee), in the order of 1st priority, KRW 20,000,000, and KRW 29,881,862 to the Plaintiff, who is the applicant creditor (the mortgagee).

E. On May 6, 2015, the Plaintiff appeared on the aforementioned date of distribution, and stated an objection to the full amount of distribution to the Defendant, and filed the instant lawsuit on May 6, 2015, which was within seven days thereafter.

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is selectively selected, as the Defendant is the most lessee, the amount of dividend against the Defendant should be deleted, or the conclusion of a lease agreement on the instant building is a fraudulent act between C and C with a debt excess. Therefore, the amount of dividend against the Defendant should be revoked and the amount of dividend should be deleted.

B. The defendant's assertion.