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

A. In order to secure a claim for a loan of KRW 45 million against C, the Plaintiff completed the registration of creation of a collateral (hereinafter “mortgage”) with respect to the instant real estate owned by C on October 21, 201, with the maximum debt amount of KRW 59 million.

Since then, as C did not pay interest on the above loan, the Plaintiff filed an application for commencement of voluntary auction based on the instant collateral security, and received a decision to commence voluntary auction as B on March 8, 2013.

B. In the above auction procedure, on November 12, 2013, the distribution schedule (hereinafter “instant distribution schedule”) was prepared in the order of 22,00,000 won, 34,120 won, 34,120 won, and 33,052 won, 33,052 won, 19,520, and 19,520,412 paid to the Plaintiff in the south-gu Incheon National Health Insurance Corporation (public charges) in the second order, from the Defendant, who demanded a distribution as a small lessee on the date of distribution. The Plaintiff appeared on the date of the foregoing distribution, and raised an objection against the Defendant’s dividends on November 18, 2013, which is within one week thereafter.

[Ground of recognition] Facts without dispute, entries in Gap 1, 2, 3, and 5, and the purport of the whole pleadings

2. Determination:

A. The distribution schedule of this case, which recognized the Defendant as a small lessee and distributed KRW 22,00,000, should be revised in accordance with the primary purport of the claim, as the Defendant did not actually pay the lease deposit and concluded the lease contract of this case with C in a false manner.

Preliminaryly, C entered into the instant lease agreement with respect to the instant real estate in excess of the debt, which constitutes a fraudulent act, should be revoked as it constitutes a fraudulent act, and the said distribution schedule should be revised as stated in the preliminary claim in the manner of restitution.

B. In a lawsuit of demurrer against distribution, the judgment on the primary cause of the claim is relevant.