1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On April 26, 2010, the Plaintiff completed the registration of creation of a collateral security right (hereinafter “instant collateral security right”) with respect to real estate stated in C’s purport of claim (hereinafter “instant real estate”) on April 26, 2010, which is KRW 156 million of the maximum debt amount, to secure the claim for loans of KRW 117.2 million against C.

B. Since then, the Plaintiff filed an application for a voluntary auction of real estate on the instant real estate with the Incheon District Court B based on the instant collateral security, and this court rendered a voluntary decision to commence the auction on June 20, 2014.

(hereinafter “instant auction procedure”). C.

On August 13, 2014, the Defendant asserted that the instant real estate was a lessee who paid a deposit of KRW 24 million during the instant auction procedure, and filed a report on the right and demand for distribution.

On January 7, 2015, this Court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes KRW 20,000,000 to the Defendant, who demanded a distribution as a small lessee on the date of distribution, and that distributes KRW 113,171,340 to the Plaintiff, a mortgagee, in the second order.

E. Accordingly, on the aforementioned date of distribution, the Plaintiff raised an objection to the entire amount of distribution to the Defendant, and thereafter filed the instant lawsuit on January 12, 2015, within one week thereafter.

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

2. The parties' assertion

A. The Plaintiff’s assertion is selectively asserted, the Defendant concluded a false lease agreement on the instant real estate in order to receive a small-sum lease deposit under the Housing Lease Protection Act, and thus, the Defendant’s deeming the Defendant as a small-sum lessee and distributing KRW 20 million ought to be corrected as stated in the purport of the claim.

Since a lease agreement entered into between the defendant and C constitutes a fraudulent act, this case's distribution schedule should be revised as above in the way of restitution.