A. On December 6, 2012, the Plaintiff loaned 53 million won interest to C on December 6, 2012, 6.39% per annum, 17% per annum, due date for repayment, and December 6, 2015. The Plaintiff completed the registration of creation of a mortgage over the instant house owned by C as collateral, which is the maximum debt amount of 68.9 million won.

B. On September 13, 2013, upon the Plaintiff’s request for auction to enforce the right to collateral security, an auction procedure was commenced regarding the instant house, and the Defendant reported the right as a lessee on October 17, 2013, and made a demand for distribution.

C. On August 8, 2014, on the grounds that the Plaintiff was a small lessee on the date of distribution, the Defendant was preferentially distributed KRW 22 million, and the Plaintiff raised an objection against the total amount of dividends to the Defendant.

[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's 1 to 4, 7, and 8 (including virtual numbers), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is merely a tenant who intends to receive a dividend equivalent to a small amount lease deposit prior to the plaintiff, or a lease contract concluded between the defendant and C should be revoked as a fraudulent act. Thus, the defendant should be excluded from the distribution of dividends.

B. The Defendant’s assertion is the genuine lessee who paid the lease deposit with the money borrowed from her husband with frequent violence and economic influence and without any property, and actually resided in the instant house.

In addition, C cannot be deemed to have been in excess of the obligation at the time of entering into a lease agreement with the Defendant, and the Defendant is a bona fide beneficiary.

3. In full view of the overall purport of the arguments in the statements in Gap evidence Nos. 4 through 6, Eul evidence Nos. 1 through 3, 5, and 6 (including each number), the defendant did not have the resident registration in Gyeyang-gu Incheon apartment No. 105, 402 (hereinafter "E apartment") on July 8, 2013, when the defendant transferred his resident registration to the housing of this case.

8.2. The person who has been transferred to, and thereafter, one month after the moving to, an apartment; and

9.2. The moving-in report is completed again on the instant house.