1. It was prepared on July 11, 2014 in the Korea Asset Management Corporation's management number B real estate public auction case.

1. Basic facts

A. The Plaintiff and the Defendant demanded the public sale of the instant housing owned by C to report and distribute each claim (the Plaintiff’s credit amount of KRW 130,81,510, the Defendant’s credit amount of KRW 25,00,000,000), and the Korea Asset Management Corporation, on July 11, 2014, prepared a distribution statement with the content of allocating KRW 22,00,000 to the Defendant and KRW 62,627,620 to the Plaintiff, respectively.

B. The Defendant reported that he was a lessee who leased and resided in the instant house from C (the lease contract date: August 26, 2013; the deposit amount: KRW 25 million per month; the date of the transfer of resident registration: September 27, 2013; the date of granting a fixed date: August 27, 2013; the date of granting a fixed date: August 27, 2013); and the Plaintiff, who was a mortgagee who created a right to collateral security of KRW 157,30,000 on the instant house, requested the allocation of the outstanding loan amount of KRW 130,811,510 on the instant house, as a mortgagee who created a right to collateral security of KRW 157,30,000, the maximum amount of debt

C. The Plaintiff raised an objection to the amount allocated to the Defendant on the distribution date.

[Ground of recognition] Facts without dispute, Gap 1, 5, 7 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) is the most lessee, and the amount allocated to the Defendant should be deleted.

② The instant lease agreement constitutes a fraudulent act and thus ought to be revoked, and the distribution table should be revised to delete the distribution amount to the Defendant due to its restitution to its original state.

(3) The amount equivalent to the rent in arrears by the defendant shall be deducted from the distribution amount.

B. Defendant’s assertion ① is the legitimate lessee who has paid a deposit for lease and leased a house. ② The above lease agreement is not a fraudulent act, but the Defendant is a bona fide beneficiary, and thus, the right to preferentially distribute it to the Plaintiff.

3. Determination

A. According to the evidence submitted by the Defendant as to the most lessee, the Defendant, via E, paid the full lease deposit of KRW 25 million to C, the owner and the lessor of the instant house, and received the instant house on January 29, 2014, which was the commencement date of the public auction procedure.