1. The plaintiff's claim is dismissed.

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

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 6:

On September 13, 2010, the establishment registration of the third floor of the building owned by C was completed on September 13, 2010, the maximum debt amount of KRW 153,400,000, the debtor C, the mortgagee C, and the plaintiff as the mortgagee.

B. The Plaintiff’s foregoing on April 7, 2014

On the basis of the right to collateral security, the Incheon District Court filed an application for a voluntary auction of B real estate on the instant building based on the right to collateral security, and rendered a voluntary decision to commence auction on April 8, 2014 by the said court.

C. On May 1, 2014, when the above auction procedure was in progress, the Defendant asserted that the lease contract was concluded between C and C on January 13, 2014, which was set forth in the lease deposit amount of KRW 25,500,000 with respect to the building of this case, and from January 24, 2014 to January 24, 2016, and filed an application for a report on rights and a demand for distribution with the auction court.

On October 28, 2014, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 102,493,050 to the Plaintiff, who is the applicant creditor, to the Defendant, who is a small lessee, in the first priority order, KRW 220,00,000, and KRW 80,493,050.

E. The Plaintiff appeared on the date of the foregoing distribution, and stated an objection to the full amount of the Defendant’s distribution, and filed the instant lawsuit on November 4, 2014, which was seven days or less thereafter.

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is selectively selected, as the Defendant is the most lessee, the amount of dividend against the Defendant should be deleted, or the conclusion of a lease agreement on the instant building is a fraudulent act between C and C with a debt excess. Therefore, the amount of dividend against the Defendant should be revoked and the amount of dividend should be deleted.

B. The gist of the Defendant’s assertion is that at the time the Defendant entered into a lease agreement with C, the owner of the instant building, and actually resided therein.