1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 26, 2016, the Seogu Credit Union (hereinafter “instant apartment”) completed the registration of the establishment of the right to collateral security (hereinafter “mortgage”), which was the debtor D, the maximum debt amount, KRW 444,400,000,000, the right to collateral security (hereinafter “mortgage”). On June 28, 2016, the Plaintiff completed the registration of the establishment of the right to collateral security (hereinafter “mortgage”), which was the debtor D, the maximum debt amount, KRW 29,00,000,000, the right to collateral security (hereinafter “mortgage”).

B. The Seogu Credit Union (C) filed an application for voluntary auction with the Daegu District Court Branch on the basis of the instant right to collateral security, and the said court (C) voluntarily decided to commence auction on January 17, 2017.

(hereinafter “instant auction procedure”). C.

In the auction procedure of this case, the Defendant filed an application for a report on rights and a demand for distribution with the fixed-date copy ( September 2, 2016) stating the above contents, claiming that the Defendant leased the apartment of this case by setting the lease deposit amount of KRW 28 million (However, in the lease contract, KRW 35 million) and the lease period from September 20, 2016 to September 19, 2018.

On September 7, 2017, the aforementioned court made a distribution schedule (hereinafter “instant distribution schedule”) with the content that was not distributed to the Plaintiff, among KRW 57,094,818, one of the 57,094,818, which was the date of distribution, that was to be actually distributed to the lessee of a house (the lessee of a smallest preferential amount) in the order of KRW 17,000,000 and KRW 38,395,948 to the creditor (the mortgagee) in the order of priority.

E. The Plaintiff submitted a claim statement based on D’s claim to the above auction court, but failed to be distributed, and the distribution schedule was prepared, the Plaintiff stated an objection against the Defendant’s dividend on the date of distribution, and filed a lawsuit of demurrer against distribution of this case.

[Reasons for Recognition] A, A, 2, 3, 5, 13, 14, 15.