1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Basic Facts

In order to secure loan claims against Nonparty C, the Plaintiff completed each registration of establishment of the right to collateral security of KRW 190,800,000 with the maximum debt amount of KRW 190,800 on October 29, 2009, the right to collateral security of KRW 25,350,000 with the maximum debt amount of KRW 25,350,000 with the maximum debt amount of KRW 26,00,000 with the maximum debt amount of KRW 13, 200 on April 13, 2010.

(C) On August 13, 2013, the Plaintiff filed an application for a voluntary auction of real estate concerning the instant real estate with the Incheon District Court upon the instant collateral security on August 13, 2013, and this Court rendered a voluntary decision to commence the auction on August 13, 2013.

(hereinafter “instant auction procedure”). The Defendant filed a report on the right and the demand for distribution by asserting that the instant real estate was a lessee during the instant auction procedure.

On July 2, 2014, this Court drafted a distribution schedule with the content that distributes KRW 14,00,000 to the Defendant, who demanded a distribution as a small lessee on the date of distribution, and that distributes KRW 134,45,173 to the Plaintiff in the third order (hereinafter “instant distribution schedule”).

On July 8, 2014, the Plaintiff raised an objection against the whole amount of dividends to the Defendant on the date of distribution, and thereafter filed the instant lawsuit on July 8, 2014.

[Ground of recognition] The Plaintiff asserts that the Defendant is the most lessee, as to the absence of dispute, Gap 1 and 2 evidence, and the purport of the entire pleadings.

According to the purport of the evidence Nos. 1, 3, and 1 through 6 and the purport of the entire pleadings, the Defendant entered into a lease agreement with C on April 17, 2013, setting the lease deposit of the instant real estate as KRW 19 million and the lease term from May 2, 2013 to May 1, 2015 (hereinafter “instant lease agreement”), and the Defendant entered into a contract with C on April 17, 2013 to lease the instant real estate (hereinafter “instant lease agreement”).