1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On November 8, 2013, upon the application of the National Bank of Korea, the mortgagee Co., Ltd. (hereinafter “instant house”), the auction procedure (hereinafter “instant auction procedure”) was conducted on November 8, 2013 with respect to the pertinent D building Nos. 309, 103 (hereinafter “instant house”), which was owned by C.

B. On January 18, 2012, in the process of the above auction procedure, the Plaintiff asserted “B” and filed a report on the right and demand for distribution. The Plaintiff concluded a lease agreement with C under the terms of KRW 85,000,000 and the term of lease 24 months for the instant housing (hereinafter “instant lease agreement”).

C. On May 30, 2014, the auction court set up a distribution schedule (hereinafter “instant distribution schedule”) with a total of KRW 79,730,869 ( KRW 79,730,869) ( KRW 32,505,243, Defendant Live Capital Co., Ltd.; KRW 31,290,43, Defendant Live Capital Co., Ltd.; KRW 31,290,43, and KRW 8,798,020) with a view to having the Defendants appear on the date of distribution, and filed a lawsuit of demurrer to the distribution of this case on June 5, 2014, which is within one week.

[Ground of recognition] The facts without dispute, Gap 1 through 9 (the evidence Nos. 6 and 7 shall include each number), Eul 2, and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff asserts to the purport that the plaintiff is the true tenant who entered into the instant lease agreement with C, and thus should be distributed prior to the defendants, and the defendants asserts to the purport that the plaintiff is the largest tenant.

B. Comprehensively taking account of the evidence and the purport of the entire pleadings as seen earlier, the Plaintiff’s lease deposit amounting to KRW 85,000,000, and the term of lease on February 18, 2012.