1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 29, 2011, the Plaintiff completed the registration of the establishment of a mortgage on the real estate indicated in the separate sheet owned by C (Name D before the name of the name of the name) (hereinafter “instant real estate”) with respect to the real estate (hereinafter “instant real estate”), the maximum debt amount of KRW 65 million, and C, the debtor C.

Based on the foregoing right to collateral security, the Plaintiff filed an application for a voluntary auction of real estate with the Incheon District Court B, and the above court rendered a voluntary decision to commence the auction on June 15, 2015.

(hereinafter referred to as “instant auction procedure”). B.

On January 20, 2015, the Defendant entered into a lease agreement between C and a licensed real estate agent E with respect to the instant real estate through a licensed real estate agent E (hereinafter “instant lease agreement”). From January 27, 2015 to January 26, 2017, the term of lease was stipulated (hereinafter “instant lease agreement”).

C. On July 29, 2016, on the date of distribution implemented with respect to the instant auction procedure, the said court prepared a distribution schedule with the content that distributes KRW 20 million to the Defendant, who demanded a distribution as a small lessee among KRW 53,99,364, which was the amount to be actually distributed to the said court, in the first order, to the Plaintiff, who is the applicant creditor and the right to collateral security (hereinafter “instant distribution schedule”). D.

On the date of the above distribution, the Plaintiff raised an objection against the amount of KRW 20 million against the Defendant, and thereafter filed the instant lawsuit on August 4, 2016, which was within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including each number, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the plaintiff's assertion is the most lessee, and the lease contract of this case is concluded by the false representation of the defendant's conspiracy with C.

Therefore, the distribution schedule of this case should be revised to distribute to the Plaintiff the dividend amount of KRW 20 million against the Defendant, such as the purport of the claim.

B. (i) Evidence Nos. 3, 4, 6-1, 2, and 7 of Evidence Nos. 6-1, 7, and the witness C’s testimony is considered as a whole.