A. On April 20, 2010, the Plaintiff completed the registration of the establishment of a neighboring mortgage on the real estate listed in the separate sheet owned by Nonparty B (hereinafter “instant real estate”) with respect to the instant real estate (hereinafter “the instant real estate”), as the maximum debt amount of KRW 169,00,000, and the debtor D and the mortgagee of the right to collateral security.

B. As to the real estate of this case, the Plaintiff

On October 16, 2014, the court filed a motion for voluntary auction of the C immovables based on the right to collateral security stated in the claim, and rendered a decision to commence voluntary auction on October 16, 2014.

(hereinafter the above auction procedure is referred to as “instant auction procedure”).

On the other hand, on June 3, 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the instant real estate, setting the lease deposit amount of KRW 24,000,000, and the term of lease from June 30, 2014 to June 30, 2016.

On July 7, 2015, this Court drawn up a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes KRW 20,000,00 to the Defendant, who made a demand for distribution as a small lessee on the date of distribution, the Plaintiff, who is the applicant creditor or collateral security, as the second priority, to distribute KRW 97,574,125, respectively (hereinafter “instant distribution schedule”).

E. On July 8, 2015, the Plaintiff raised an objection to the entire amount of distribution to the Defendant on the date of the said distribution, and thereafter filed the instant lawsuit on July 8, 2015.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Determination as to the claim for revocation of a fraudulent act

A. The right of priority repayment of small-sum deposit under Article 8 of the Housing Lease Protection Act provides a kind of statutory security right that can be paid in preference to claims secured by mortgages and taxes, etc. on the leased house. Therefore, the debtor's act of setting up a right of lease under the above Article on the only house owned by the debtor in excess of debt constitutes an act of offering collateral in excess of debt, which causes a decrease in the debtor's whole property.