1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant and his father, “The Defendant and his father” set up a lease agreement on June 27, 2013 with the content of “The Defendant, from the Government-si Do Apartment, 103 Dong 1205 (hereinafter “instant real estate”), with deposit amounting to KRW 130,00,000, and the term of lease from July 29, 2013 to July 29, 2015.”

The Defendant made a move-in report to the instant real estate on August 9, 2013, and obtained a fixed date in the said lease contract on June 24, 2014.

B. After that, the Korea Asset Management Corporation Co., Ltd. (hereinafter “instant public sale procedure”) had been conducted with respect to the instant real estate owned by C, and the Plaintiff demanded each distribution of KRW 130,000,000 for the leased deposit refund claim, as to KRW 177,394,133 for the said public sale procedure.

C. On November 18, 2015, the head of the Seoul Regional Headquarters of Korea: (a) determined the amount to be distributed to creditors as KRW 161,063,260 on the distribution date; (b) distributed KRW 117,116,135 among them to the Defendant, who is a senior creditor, who is the fourth creditor; and (c) drafted a distribution statement that does not entirely distribute to the Plaintiff, who is a junior creditor (hereinafter “instant distribution statement”).

On November 18, 2015, the Plaintiff raised an objection to the whole amount distributed by the Defendant, and filed the instant lawsuit on November 24, 2015.

[Grounds for recognition] Unsatisfy, Gap-5's entry, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The plaintiff's assertion was requested to distribute KRW 130,00,000 to the lease deposit claim for the instant real estate in the public sale procedure of this case. However, the lease contract between the defendant and C is a false lease contract, and there is no fact that the defendant actually paid the lease deposit to C.

Therefore, from among the distribution calculation table of this case, 117,16,135 won is deleted, and the above amount is to be distributed to the plaintiff.