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

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

1. The following facts are either disputed between the parties, or acknowledged based on Gap evidence No. 1, Gap evidence No. 2, Eul evidence No. 3, Eul evidence No. 1-1, Eul evidence No. 3, and the whole purport of the pleadings. A.

On December 23, 2013, the Plaintiff completed the registration of the creation of the instant apartment (hereinafter referred to as the “instant apartment”) with respect to the instant apartment (hereinafter referred to as the “instant apartment”), 169,000,000 won with the maximum debt amount, and C/C of the debtor and the Plaintiff of the right to collateral security (hereinafter referred to as the “mortgage”).

B. On December 27, 2013, the Defendant: (a) paid the lease deposit at KRW 27,00,000,000, and the down payment at KRW 25,000,000 on the same day; (b) paid the remainder on January 27, 2014; (c) entered into a lease contract (hereinafter “instant lease contract”) with the period from January 27, 2014 to January 27, 2016; (d) obtained the fixed date on January 21, 2014; and (e) completed the move-in report on January 29, 2014.

C. On April 3, 2015, the Busan District Court rendered a voluntary decision to commence the auction on the instant apartment on April 3, 2015, and the Defendant made a demand for distribution as a creditor who returned the lease deposit on April 16, 2015.

On September 2, 2016, the above court drafted a distribution schedule of KRW 22,00,00 as a small lessee against the defendant, and KRW 168,786,43 as an applicant creditor against the plaintiff (hereinafter “instant distribution schedule”). The plaintiff appeared on the date of distribution, and raised an objection against the whole amount of dividends to the defendant among the instant distribution schedule, and filed the instant lawsuit on September 8, 2016, within seven days.

2. Judgment on the main claim

A. The Plaintiff asserted that ① the Defendant’s husband D had made a move-in report on February 24, 2010, a four-year period prior to the instant lease agreement, and ② the market price of the instant apartment at the time of the instant lease agreement is KRW 160,000 to KRW 180,000,000, and even if the right to collateral security was established, the Defendant had set up the maximum debt amount, which is the maximum debt amount of KRW 169,00,000.