1. The plaintiff's selective claims are dismissed, respectively.

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

1. Basic facts

A. C has concluded a sales contract with E on November 25, 2012 with respect to the first floor No. 101 of Seo-dong, Seo-gu, Incheon (the instant housing), Seo-gu, Incheon (the transaction price of KRW 85,00,000), and completed the registration of ownership transfer on December 27, 2012.

B. On December 27, 2012, the Plaintiff lent KRW 48,000,00 to C, and completed the registration of establishment of a neighboring mortgage of KRW 62,40,000 with respect to the instant housing.

C. On March 5, 2013, C and the Defendant concluded a lease agreement with the term of lease deposit KRW 22,00,000, and the term of lease from April 1, 2013 to March 31, 2015.

On April 1, 2013, the defendant made a move-in report for resident registration and received a fixed date in the above lease contract.

E. Upon delinquency in paying interest, C applied for a voluntary auction on the instant real estate and rendered a decision to commence a voluntary auction on August 22, 2013 to the Incheon District Court B.

F. The Defendant asserted as a small lessee and filed an application for a report on rights and a demand for distribution.

G. At the above auction procedure, on June 10, 2014, KRW 19,363,818, and KRW 19,323,67, were distributed to the Defendant and the Plaintiff, respectively.

H. The Plaintiff filed an objection to the entire amount distributed by the Defendant on the same day.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 6, 7, 9, the purport of the whole pleadings

2. Judgment on the assertion of demurrer against distribution

A. The summary of the party's assertion 1) The defendant is not the plaintiff's profit from the housing of this case for residential purpose, but the plaintiff is the most lessee who has obtained a formal move-in report and a fixed date to receive preferential dividend as a small lessee. Therefore, the amount of dividends to the defendant in the above distribution schedule shall be KRW 19,363,818, and the amount of dividends to the defendant shall be KRW 0,000, and KRW 19,323,67, and the amount of dividends to the plaintiff shall be corrected to KRW 38,687,495. 2) Since the defendant actually entered into a lease agreement with C and actually resided therein, the plaintiff'

B. Therefore, determination.