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

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

1. Basic facts

A. On January 4, 2005, E of the instant Court D Real Estate Auction Nos. 204 and 206 (hereinafter collectively referred to as “204”) with the Defendant on January 4, 2005, the second floor F No. 204 and 206 (hereinafter referred to as “No. 206”).

3) As to the establishment of a mortgage agreement, the establishment of a mortgage agreement (hereinafter “mortgage 1”) is deemed to be a “mortgage 1” and the establishment of a mortgage.

A) Around January 5, 2005, the Plaintiff concluded a contract with the Defendant as joint collateral of 204,206, with the maximum debt amount of 100 million won, and the obligor E, registered the establishment of a mortgage. 2) The Plaintiff operated an entertainment drinking house with the trade name “G” from August 12, 2011 to August 22, 201, and registered its business on August 22, 201. Around December 21, 201, the Plaintiff entered into a lease agreement with the Defendant with the deposit of 204,206 KRW 35,00,000,000 and KRW 1,000,000 for monthly rent of KRW 20,000,000 from E, and obtained the fixed date lease agreement on December 22, 2011.

3) On July 29, 2013, a voluntary decision to commence auction was rendered by the branch court of the Incheon District Court as to July 204 and 206. The Plaintiff, as a lessee on September 24, 2013, demanded the distribution of the deposit, and the said court sold to a third party on February 11, 2014. (4) On the same day, on April 7, 2014, the said court prepared a distribution schedule (hereinafter referred to as “distribution schedule 1”) stating that the Defendant shall distribute the amount of KRW 54,324,985 (hereinafter referred to as “the distribution schedule”). On the same day, the Plaintiff raised an objection against the amount of KRW 35,00,000 out of the amount of dividends against the Defendant among the distribution schedule 1 on the date of distribution, and thereafter filed the instant lawsuit on April 10, 2014 (Ban 14070).

B. On January 10, 2005, this Court C real estate auction case No. 205 (hereinafter “205”) between the Defendant and the Defendant on January 10, 2005.

(1) On January 11, 2005, upon entering into a contract to establish a mortgage, the Defendant had registered the establishment of a mortgage (hereinafter “second-class mortgage contract”) with the maximum debt amount of KRW 50 million, and the obligor E with respect to 205, and the “second-class mortgage”).