1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. C acquired ownership on October 14, 2010 on the ground of sale and purchase as of August 24, 2010 of the Nam-gu Incheon Metropolitan City D 203 (hereinafter “instant real estate”), and on October 14, 2010, the registration of creation of a neighboring mortgage, which is the debtor E, the maximum debt amount of KRW 156,00,000, was completed on October 14, 2010.

B. As to the instant real estate, on January 31, 2012, the registration of the establishment of chonsegwon (the deposit amount of KRW 30,000,000 for lease on a deposit basis, the duration from January 31, 2012 to January 31, 2014, and the period of lease on a deposit basis) was cancelled on February 23, 2012.

C. As to the instant real estate, the voluntary auction procedure based on the foregoing right to collateral security (the voluntary decision on commencing auction on December 31, 2014, case number: this court G G) was initiated. On the date of distribution implemented on December 29, 2015, the execution court distributed KRW 22,00,000 to the Defendant who applied for a demand for distribution as a small lessee on the date of distribution, and KRW 110,837,397 to the Plaintiff who is the right to collateral security (the right to collateral security right of the Gangseo Credit Cooperative), who is the right to collateral security, to the Defendant.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 4, purport of the whole pleadings]

2. Determination as to the cause of action

A. The Plaintiff asserts to the effect that “the Defendant is the most lessee.”

The following circumstances are as follows: (a) the Defendant entered into a sales contract for selling KRW 80,00,000 of the purchase price to I on March 28, 2012; (b) KRW 10,000 of the down payment on the date of the contract; (c) the remainder is paid on May 7, 2012; (d) the buyer acquired ownership by completing the registration of ownership transfer of each real estate on May 7, 2012, which is the remainder payment date; and (e) the Defendant acquired ownership by completing the registration of ownership transfer of each real estate on April 6, 2012, which is the remainder payment date; (e) the lease deposit 24,000,000 won (the remainder of the lease deposit) from C on March 28, 2012; and (e) the remainder of the lease deposit from the Defendant on April 6, 2012,