1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 5, 2008, the Plaintiff, as the creditor of Nonparty C, completed the registration of creation of a neighboring mortgage at KRW 91,00,000 with respect to the debtor, the mortgagee, the plaintiff of the right to collateral security, the maximum debt amount, KRW 91,00,00 with respect to the operation of the third apartment house of the steel bean C, and the third apartment house located in two parcels (hereinafter “instant real estate”).

B. On September 13, 2013, the Defendant concluded a lease agreement with C on the condition that the instant real estate will be leased by setting the lease deposit amount of KRW 22,00,000 and the term of lease from October 17, 2013 to October 16, 2015 (hereinafter “instant lease agreement”).

C. C, upon the delay in the payment of principal and interest, filed an application for an auction on the instant real estate, and on April 17, 2014, the decision to commence the auction on the instant real estate with the Incheon District Court B, and the Defendant filed a report on the right of KRW 22,00,000 as to the instant real estate and the demand for distribution in the real estate auction procedure, and the said court distributed KRW 20,00,000 to the Defendant, who is the lessee of small amount, as the first priority on June 22, 2015, the date of distribution, as the second priority, distributed KRW 41,82,50 to the Plaintiff, who is the applicant creditor (hereinafter “instant distribution schedule”).

On June 29, 2015, the Plaintiff stated an objection to the entire amount distributed to the Defendant on the date of distribution, and filed a lawsuit of demurrer against the distribution of the instant case.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The assertion and judgment

A. Although the Defendant asserted that the instant lease contract was concluded by the provisional attachment of KRW 19,721,986 on the instant real estate prior to the conclusion of the instant lease agreement, C agreed with the Plaintiff to not establish the right of lease or the right of lease on a deposit basis, and entered into the instant lease agreement in collusion with the Defendant, which only constitutes the appearance of a small-sum lessee.