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

The purport of the claim and appeal is the purport of the appeal.

A. The Plaintiff completed the registration of the establishment of a neighboring apartment as the owner F of the instant apartment at the time of the debtor, with respect to the E apartment Nos. 103, 1202 (hereinafter “instant apartment”) by the Goyang-gu District Court, Goyang-gu, Goyang-gu, Seoul District Court No. 72868, Aug. 20, 2013; the maximum debt amount is KRW 30,00,000; and the debtor is the owner of the instant apartment at the time.

B. On April 16, 2013, the Defendant concluded a lease contract between F and F with a deposit of KRW 30 million with respect to the instant apartment, and from May 18, 2013 to May 17, 2015, the lessee who entered into the lease contract from May 18, 2013 to May 17, 2015. The Defendant agreed to pay the down payment of KRW 5 million on the date of the contract and the remainder of KRW 25 million on May 18, 2013.

C. On May 10, 2013, the Appointor D (hereinafter “Appointed”) entered into a lease agreement with F as between May 10, 2013, with respect to the instant apartment, the lessee who entered into the said lease agreement from May 28, 2013 to May 28, 2015. The said lease agreement entered into an agreement to pay the remainder of KRW 15 million on the date of the contract and the remainder of KRW 15 million on May 28, 2013.

On August 8, 2017, the Defendant and the designated person received each of KRW 14 million as a small lessee on the date of distribution, and the Plaintiff did not receive any distribution.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. Each lease agreement between the Plaintiff’s assertion, the Claimant, and F is null and void by means of a false declaration of agreement, and the Defendant and the Claimant are the most lessee.

In addition, since the defendant and the designated person lose possession of the apartment of this case before the order of registration of the lease, they cannot receive the top priority repayment on the order of registration of the lease.

Therefore, the amount of dividend to the defendant and the selected parties should be reduced in full and the amount should be distributed to the plaintiff.

B. Determination 1 is the Defendant.