1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. C: (a) on October 24, 2007, at the successful bid for the 6-dong 101 (hereinafter “the instant real estate”) in Seocho-gu, Seoyang-gu, Seoyang-gu; (b) completed the registration of ownership transfer under its name; and (c) on that day, C created a mortgage with the Defendant, which is the debtor C, with the maximum debt amount of KRW 83,200,000, and the debtor C

B. Since then, the Defendant applied for a voluntary auction on the instant real estate based on the aforementioned collateral security, and received a decision to commence voluntary auction on December 10, 2009, and the Defendant received dividends of KRW 221,652,677 in the order of priority as a mortgagee and an applicant creditor. In the above auction procedure, the Plaintiff concluded a lease contract with C in the amount of KRW 30 million, and the Plaintiff asserted that it was a lessee with the opposing power under the Housing Lease Protection Act (hereinafter “Act”) on October 23, 2007, by obtaining a fixed date to receive the instant real estate, but was excluded from dividends.

C. The Plaintiff appeared on the date of distribution and raised an objection against KRW 30 million out of the dividend that the Defendant received.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 1-1, 2 (the same as evidence 2) and the purport of the whole pleadings

2. On October 13, 2007, the Plaintiff asserted that the Plaintiff entered into a lease agreement with C on November 16, 2007, stipulating that the deposit amount shall be KRW 30 million for the instant real estate, but the delivery of real estate shall be made on November 16, 2007, and completed the move-in report on the day after receiving the instant real estate on October 23, 2007 and received the fixed date in the lease agreement.

However, on October 24, 2007, C, a lessor, acquired ownership after completely paying the successful bid price for the instant real estate. On October 25, 2007, the following day after C acquired the ownership, the Plaintiff acquires the opposing power under the law and takes precedence over the status of the Defendant as a general creditor, and thus, the distribution schedule should be revised as described in the purport of the claim.

3. The lawsuit of demurrer against the distribution against the spawn-kick-kick-kick-keep.