1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 7, 2013, the Defendant: (a) prepared a lease agreement under which the said apartment is leased as of October 14, 2013 to October 13, 2015 (hereinafter “instant lease agreement”); and (b) filed a move-in report on resident registration on October 17, 2013, after the said apartment is transferred to the said apartment.

B. On June 3, 201, IBK Capital Co., Ltd. loaned KRW 308,000,000 to D, and on October 30, 2013, transferred the Plaintiff the above principal and interest claim against D with respect to D, and around that time, notified D of the transfer of the above credit.

C. Seoul Guarantee Insurance Co., Ltd. filed an application for compulsory auction on the instant apartment with the Seoul Northern District Court B and C (Dupl) and conducted the auction procedure on November 4, 2013.

On June 12, 2014, the aforementioned court prepared a distribution schedule with the content that distributes the amount of KRW 25,00,000 and KRW 286,543,518 to the Plaintiff, who is a mortgagee, in the first order of priority on the date of distribution (hereinafter “instant distribution schedule”), and filed the instant lawsuit on June 18, 2014 against the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 12, Eul evidence 1 to 6, the purport of the whole pleadings

2. The assertion and judgment

A. The instant lease agreement between the Plaintiff’s assertion and D is the most difficult lease agreement, and thus null and void as it constitutes a false declaration of agreement or is required to obtain a preferential repayment of claims by taking advantage of the status as a small lessee. Therefore, the Defendant cannot be deemed as a small lessee whose right of preferential repayment is recognized under

Therefore, the distribution schedule of this case, which was made by recognizing the defendant as a small lessee, should be revised as stated in the purport of the claim.

(b) the board;