1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 21, 2009, Solomon Mutual Savings Bank Co., Ltd. completed the registration of the establishment of a mortgage over D and E-4 multi-unit housing units 103 (hereinafter “instant real estate”) owned by Gwangju-si on September 21, 2009, with respect to the debtor F and creditors Solomon Mutual Savings Bank’s maximum debt amount of KRW 870 million.

B. Meanwhile, on September 21, 2009, C entered into a trust agreement with the K non-real estate trust company and completed the registration of ownership transfer in the name of the K non-real estate trust company on the same day.

According to Article 10 (3) of the trust deed registered in the trust ledger on the same day, the new lease or sub-lease contract after the conclusion of the above trust contract shall be concluded in the name of the trustee, KF real estate trust corporation, or in the name of C, the truster, subject to prior consent with the trustee, but the lease deposit should be deposited into the KF real estate trust corporation, the trustee.

C. On December 20, 2013, the Defendant filed an application for voluntary auction of the instant real estate with the Suwon District Court Sung-nam Branch B on the instant real estate based on the foregoing collateral security (hereinafter “instant auction procedure”). D.

In the instant auction procedure, the Plaintiff entered into a lease contract with C on December 13, 2009 with respect to the instant real estate, with a lease contract of KRW 30 million, and occupied on December 19, 2009, and filed an application for a report on rights and a request for distribution on February 1, 2010.

E. In the instant auction procedure, Suwon District Court: (a) recognized G as a small lessee (No. 202) out of KRW 310,226,286, which was actually distributed on November 20, 2014; (b) distributed KRW 14 million to the Defendant at the first priority order; and (c) distributed KRW 296,226,286 in the second priority order of the applicant creditor and the mortgagee’s right to collateral security.

F. The Plaintiff’s agent appeared on the date of the above distribution and raised an objection against KRW 14 million out of the dividend amount against the Defendant.