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

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

Basic Facts

On June 16, 201, the Plaintiff completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with a maximum debt amount of KRW 143,000,000 with respect to the instant real estate owned by C in order to secure the claim for loans of KRW 110,00,000 against C.

On September 26, 2013, upon the Plaintiff’s application for voluntary auction based on the instant right to collateral security, the procedure of voluntary auction was initiated to the Incheon District Court B with regard to the instant real estate.

The Defendant filed a report on the right and demand for distribution by asserting that it is a lessee who paid KRW 25,00,000 to the instant real estate during the above auction procedure.

On May 12, 2014, this Court prepared a distribution schedule with the content that distributes the amount of KRW 22,00,000 to the Defendant, who demanded a distribution as a small lessee on the date of distribution implemented as of May 12, 2014, in the order of 1st priority, and 75,485,175 to the Plaintiff as a mortgagee.

On the date of distribution, the plaintiff raised an objection to the whole amount of dividends to the defendant.

[Ground of recognition] The plaintiff asserts that the plaintiff is the largest tenant, as to the non-contentious facts, Gap 1, 5, 6, 7 evidence, and the purport of the entire pleadings.

According to the facts stated in Eul evidence Nos. 1 through 6 (including virtual numbers), the fact-finding results of this court's fact-finding, and the purport of the whole pleadings, the defendant concluded a lease agreement (hereinafter "the lease agreement of this case") with Eul to lease the real estate of this case between Eul and Eul on July 31, 2013 (the testimony of the witness Eul appears to have concluded the lease agreement with Eul upon delegation of the authority of Eul to conclude the lease agreement of this case). The defendant transferred the down payment of KRW 2,5 million, the balance of KRW 23 million on August 10, 2013 to the account of Eul, and the defendant's family members who are the defendant's family members, who are the defendant's family members, from August 10, 2013 to August 9, 2015).