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 December 14, 2006, with respect to the apartment as indicated in the separate sheet (hereinafter “the apartment of this case”) owned by C, the registration of creation of a mortgage was completed in the name of Insulin Insulg Capital Co., Ltd., the maximum debt amount of KRW 744,00,000,000. On March 5, 2007, the additional registration of the said right to collateral security was completed in the name of the Korea City Bank, Inc., the said right to collateral security was completed again on July 27, 201 under the Plaintiff’s name.

B. On March 25, 2012, the Defendant entered into a lease agreement with C and the instant apartment at KRW 28,00,000, and with the term of lease fixed from April 4, 2012 to April 3, 2014 (hereinafter “instant lease agreement”) with each of the following years:

4.6. Around June, the contract on the instant lease was signed with the fixed date and completed the move-in report by making the instant apartment to its address.

C. On January 31, 2013, the registration of the decision on voluntary auction was completed upon the Plaintiff’s voluntary auction application, and the Defendant filed an application for a report on right and a demand for distribution with the above auction court around April 11, 2013.

Around December 26, 2013, the said auction court determined the amount to be actually distributed as KRW 406,289,799, which is the date of distribution, as KRW 12,000,000 among them, to the Defendant, who is the first-class lessee of small claims, and KRW 1,065,200 among them, to the Defendant, who is the second-class lessee, the second-class lessee, the second-class lessee, and the remainder 393,224,59,000 to the Plaintiff, who is the third-class applicant creditor, respectively, (hereinafter referred to as the “instant distribution schedule”). The Plaintiff appeared on the date of distribution and raised an objection against the whole amount of the Defendant’s dividends, and then filed the instant lawsuit on January 2, 2014, which is within one week thereafter.

E. Meanwhile, around January 2012, the market price of the instant apartment is KRW 574,00,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 7, and 13, the purport of the whole pleadings

2. Matters concerning the primary claim;