1. The plaintiff's claim is dismissed.

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

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 4:

On May 29, 2012, the establishment registration of the D Building 203 (hereinafter “instant building”) owned by C was completed on May 29, 2012, the maximum debt amount of KRW 156,00,000, and the debtor C and the plaintiff of the right to collateral security (hereinafter “the instant building”).

B. The Plaintiff’s foregoing on November 5, 2014

Based on the right to collateral security, the Incheon District Court filed an application for a voluntary auction of the instant building B with the Incheon District Court, and the decision of voluntary auction was rendered on November 6, 2014 by the above court.

C. The Defendant asserted that the lease deposit for the instant building was KRW 22,00,000, monthly rent of KRW 350,000, and the lease contract was concluded between August 29, 2014 and August 28, 2016, which was stipulated from August 29, 2014 to August 28, 2016. The Defendant filed an application for a report on rights and a request for a demand for distribution with the auction court around December 8, 2014, when the said auction procedure was in progress.

On July 29, 2015, the auction court prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) that distributes the amount of KRW 113,547,134 to the Plaintiff, who is the applicant creditor (the mortgagee) in the order of 19,20,000 and KRW 94,291,074 to the Defendant, who is a small lessee, in the order of 113,547,134.

E. The Plaintiff appeared on the aforementioned date of distribution, and stated an objection to the full amount of distribution to the Defendant, and filed the instant lawsuit on August 3, 2015, which was within seven days thereafter.

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is selectively selected, since the Defendant is the most lessee, the amount of dividend against the Defendant is to be deleted, or it is a fraudulent act to conclude a lease agreement on the building of this case between (the tenant’s assertion) and C in excess of the obligation, and thus, the amount of dividend against the Defendant should be revoked and its restitution should be deleted.

(b) a revocation of a fraudulent act;

The defendant is the owner of the building of this case at the time of the defendant's assertion.