1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On April 25, 2013, the Plaintiff, as a creditor against Nonparty C, was created the right to collateral security with respect to F apartment Nos. 107, 1002, and 1002 (hereinafter “instant apartment”) located in C, the Plaintiff, as a creditor against Nonparty C, with the maximum debt amount of KRW 160 million, and the obligor C and the right to collateral security (hereinafter “instant apartment”).

B. On August 20, 2012, with respect to the instant apartment, the registration of the establishment of a mortgage of KRW 222,440,000,000,000 for creditors, Korea Standards Bank, the debtor C, and the maximum debt amount, was completed. However, on May 20, 2014, the Korea Housing Finance Corporation, the Korea Housing Finance Corporation, the Housing Finance Corporation, the entrusted institution, filed an application for a voluntary auction of real estate with the Suwon District Court D, and the said court rendered the voluntary decision on the commencement of auction on May 20, 2014.

(hereinafter referred to as the “instant auction procedure”). C.

On the other hand, around February 5, 2014, the Defendant entered into a lease contract (hereinafter “instant lease contract”) with respect to C and the instant apartment, setting the deposit amount of KRW 21 million, from February 12, 2014 to February 11, 2016. On February 6, 2014, the Defendant obtained a fixed date on the said lease contract, and entered into a move-in report at that time after completing the move-in report and completed the demand for distribution in the instant auction procedure.

On October 6, 2016, the above court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes the amount of KRW 28,014,853 out of the amount of claim 160 million to the Defendant, who made a demand for distribution as a lessee of small amount among the amount to be actually distributed on the date of distribution 262,665,323, as well as the amount of claim 14,000,000 won to the Plaintiff, a mortgagee, in the fourth order of claim amount to the Plaintiff.

E. On the date of the above distribution, the Plaintiff raised an objection to the full amount of the distribution to the Defendant, and thereafter filed the instant lawsuit on October 12, 2016, within one week thereafter.

[Ground of recognition] Facts without dispute, Gap 1-3, and 5 (including virtual number), the purport of the whole pleadings

2. Whether the instant lawsuit is lawful