A. On June 14, 201, the Plaintiff loaned KRW 450,000,000 to B (hereinafter “instant loan”) and completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral”) with respect to the real estate listed in the separate sheet owned by B on June 13, 2011 as collateral (hereinafter “instant real estate”).

B. B, around July 2012, paid the interest on the instant loan, lost the benefit of time by continuing to pay the interest. The Plaintiff filed an application for voluntary auction based on the instant right to collateral security on January 22, 2013, and on January 25, 2013, the Seoul Central District Court C, upon the decision to commence voluntary auction on January 25, 2013.

(hereinafter “instant auction procedure”). C.

In the instant auction procedure, the Defendant asserted the right of lease under the lease contract of KRW 50,000,000 (hereinafter “instant lease contract”) concluded on October 12, 2012 between the Defendant and B with respect to the instant real estate, and filed a report on the right of lease and a request for distribution on April 4, 2013.

[Evidence] Facts without dispute, Gap evidence Nos. 1, 2, 4-7, and 10 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s instant lease agreement was concluded by the Defendant in collusion with B, and the Defendant merely entered into a false contract with B, and the Defendant is merely the most lessee, seeking confirmation that there exists no right of lease of the Defendant under the instant lease agreement against the Defendant.

B. The defendant, who had resided in the real estate of this case at the monthly rate without a deposit for lease, shall be converted to the lease term at the request of B, and the defendant's claim of 45,000,000 won against D's outer money shall be substituted by a deposit for lease, and the remainder of 5,000,000 won shall be paid in cash at the time of the lease contract of this case.