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

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

1. Basic facts

A. On August 23, 2010, the Plaintiff completed the establishment registration of the right to collateral security (hereinafter “mortgage security”) with respect to “Incheon-gu E Apartment No. 104, 1003” (hereinafter “the instant real estate”), which is owned by D as collateral for D’s credit, with the maximum debt amount of KRW 158,400,00.

B. The Plaintiff filed an application for a voluntary auction of the instant real estate on the basis of the instant collateral security to the court B, and this court rendered a voluntary decision to commence auction on May 20, 2014.

[On the other hand, with respect to the real estate in this case, the Korea Housing Bank, which is a subordinate mortgagee, applied for an auction of real estate to this court C, and the decision of voluntary auction was rendered on June 25, 2014. The auction procedure that was conducted in accordance with the above decision of voluntary auction was conducted together with the above decision of voluntary auction [the auction procedure in this case].

Around January 27, 2014, the Defendant asserted that he was a lessee who entered into a lease contract of KRW 26,000,000 (hereinafter “instant lease contract”) with D with respect to the instant real estate in the course of the instant auction procedure, and filed a report on the right and demand for distribution.

On December 31, 2014, this Court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes KRW 22,00,000 to the Defendant, who demanded a distribution as a small lessee on the date of distribution, and KRW 529,180 to the Incheon Nam-gu, the holder of the right to deliver (the pertinent tax), and KRW 136,613,443 to the Plaintiff, the mortgagee, and KRW 136,613,443, respectively.

E. On January 7, 2015, the Plaintiff raised an objection to the entire amount of distribution to the Defendant on the date of the said distribution, and thereafter filed the instant lawsuit on January 7, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. In light of the circumstances delineated below the Plaintiff’s primary assertion, the Defendant is the instant case.