1. The plaintiff's claim is dismissed.

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

Basic Facts

In order to secure loan claims against Nonparty C, on October 31, 2008, the Plaintiff completed the registration of the creation of a collateral security right (hereinafter “instant collateral security right”) with a maximum debt amount of KRW 104,00,000,00 with respect to the D building 2, Dong-gu, Incheon Metropolitan City (hereinafter “instant real property”) owned by Nonparty C (hereinafter “instant real property”).

On August 22, 2014, the Plaintiff’s application for voluntary auction based on the instant right to collateral security began with the Incheon District Court B regarding the instant real estate.

The Defendant filed a report on the right and demand for distribution by asserting that it is a lessee who has paid KRW 20,000,000 of the lease deposit with respect to the instant real estate during the above auction procedure.

On March 25, 2015, this Court prepared a distribution schedule with the content that distributes the amount of KRW 20,000,000 to the Defendant, who demanded a distribution as a small lessee on the date of distribution, as well as the amount of KRW 67,691,44 to the Plaintiff, a mortgagee, in the second order.

On the date of distribution, the plaintiff raised an objection to the whole amount of dividends to the defendant.

[Ground of recognition] The Plaintiff asserts that the Defendant is the most lessee, as to the absence of dispute, Gap evidence 2, Eul evidence 6, and the purport of the entire pleadings.

According to the purport of the evidence Nos. 1 through 10, the Defendant entered into a lease agreement with C on October 31, 2013 with the term of lease deposit of KRW 20 million, the term of lease of the instant real estate from November 27, 2013 to November 26, 2015 (hereinafter “instant lease agreement”). The Defendant paid the down payment of KRW 500,000,000,000, which was entrusted to the licensed real estate agent who arranged the lease agreement on October 28, 2013. The Defendant paid the down payment to C through an intermediate payment on November 7, 2013 of the same year, and directly paid the remainder of KRW 18 million to C on November 26, 2013; and the Defendant completed the move-in report with the term of residence of the Defendant on November 26, 2013, as the instant move-in report.