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

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

1. Basic facts

A. C, on April 26, 2013, completed the registration of ownership transfer on the ground of sale and purchase on March 8, 2013, Nam-gu Incheon Metropolitan City Do Do Do Do Do 402 (hereinafter “instant real estate”). On the same day, C, upon receiving a loan of KRW 58 million from the Plaintiff as security, completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant real estate with the maximum debt amount of KRW 75 million from the Plaintiff.

B. Since then, upon suspending the payment of interest on the above loan, the Plaintiff applied for a voluntary auction of the instant real estate to the Incheon District Court B, and on December 27, 2013, the said court commenced the procedure of the voluntary auction of real estate (hereinafter “instant auction procedure”) upon the said application.

C. (1) On March 13, 2014, the Defendant alleged that himself/herself is a small lessee under the Housing Lease Protection Act at the executing court’s auction procedure in the instant case, and filed a report on rights and a demand for distribution. On September 25, 2014, the executing court opened a date of distribution on September 25, 2014, and opened the date of distribution to the Defendant who demanded a distribution as a small lessee, and distributed KRW 22,00,000 to the Defendant, who made a demand for distribution, as the applicant creditor, the right to request for distribution, and the distribution schedule (hereinafter “instant distribution schedule”).

2) On October 1, 2014, the Plaintiff stated an objection against the total amount of dividends to the Defendant on the date of the said distribution, and filed the instant lawsuit on October 1, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-4, Gap evidence 5-1, 2-1, and Gap evidence 8-1, and the purport of whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion 1 of the parties does not intend to use and benefit from the instant real estate, but rather to the most lessee who entered into a lease agreement with C on the instant real estate in the form of a smallest lessee who is a priority repayment.