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

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

1. The underlying facts B was the owner of the instant real estate (hereinafter “the instant real estate”).

B obtained a loan from the Plaintiff on October 2014, around 2014, B completed the registration of creation of a collateral for the instant real estate, which is the debtor, B, and the Plaintiff as the mortgagee.

On the other hand, between May 23, 2015, the Defendant entered into a lease agreement with B by setting the lease deposit of KRW 19 million for the instant real estate, and the lease agreement between June 30, 2015 and June 24, 2015, and paid KRW 19 million for the lease deposit, and obtained the fixed date on June 30, 2015 for the lease agreement.

B At the time of the conclusion of the above lease agreement, the Plaintiff’s active property was KRW 67,50,000,000,000 for automobiles (F 22,50,000,000,000,000 in the market price of 2014) in addition to the instant real estate (the market price is equivalent to KRW 45,00,00). However, a small property was in excess of liability, with modern Capital (2,181,00,00), wall materials agricultural cooperatives (7120,000), the Plaintiff (30,000,000,000), and the Gyeonggi Credit Guarantee Foundation (8,30,000,000).

On July 29, 2015, with respect to the instant real estate upon a request for auction of Hyundai Capital, a creditor of B, the decision to commence auction was made on July 29, 2015, and the Defendant purchased the instant real estate as the highest price buyer in the above auction procedure.

In addition, on March 8, 2016, on the date of distribution of the above auction case, the distribution schedule was prepared that the defendant received 19 million won as a tenant of small amount under the Housing Lease Protection Act, and the plaintiff received the remainder of 22,814,530 won as a mortgagee, but the plaintiff appeared on the date of distribution and raised an objection against the defendant's dividend.

[Ground of recognition] A without dispute, Gap 1-17 evidence (excluding evidence A 6), the purport of the whole pleadings

2. Determination

A. Whether the Plaintiff is the most lessee, the lease agreement that the Defendant concluded with respect to the instant real estate constitutes a false declaration of agreement.