A. B borrowed KRW 192,00,000 from the Industrial Bank of Korea on August 12, 2010, and as security, the debtor with respect to the instant housing was completed the registration of creation of a neighboring mortgage with the Industrial Bank of Korea for the debtor B, the maximum debt amount of KRW 230,400,000, and the mortgagee’s right to collateral security was transferred from the Industrial Bank of Korea on September 29, 2010.

B. On September 17, 2013, the Plaintiff filed for a voluntary auction on the basis of the foregoing right to collateral security (hereinafter “instant auction procedure”) and rendered a decision to commence voluntary auction on the instant housing to D in this court, and the said auction procedure (hereinafter “instant auction procedure”).

C. Meanwhile, between April 18, 2013 and B, the Defendant entered into a lease agreement with the term fixed from May 24, 2013 to May 24, 2015 (hereinafter “instant lease agreement”) with respect to the instant real estate, and entered into a lease agreement with the term fixed from May 24, 2013 to May 24, 2015 (hereinafter “instant lease agreement”). On the other hand, the move-in report was completed on May 29, 2013, while the said lease was granted a fixed date, and filed a report on the right and demand for distribution with the executing court.

On April 29, 2014, the date of distribution, at the instant auction procedure, the distribution schedule was prepared in which the Defendant distributes 22,00,000 won to the Defendant and 196,837,743 won to the Plaintiff (hereinafter “instant distribution schedule”). The Plaintiff appeared on the said distribution date and made a statement of objection to the distribution against the total amount of the Defendant’s dividends, and filed a lawsuit of objection to the distribution on May 1, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, Gap 1 through 12, 15, and 16 (Evidence A7 and 11 include each number), and the purport of the whole pleadings.

2. Determination on the claim for revocation of fraudulent act

A. The right of priority repayment of small-sum deposit under Article 8 of the Housing Lease Protection Act is secured by a mortgage on the leased house.