1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 25, 2015, the New Bank Co., Ltd. (hereinafter “New Bank”) completed the registration of the establishment of a mortgage on real estate listed in the separate sheet owned by C (hereinafter “the apartment of this case”) with respect to the real estate (hereinafter “the apartment of this case”), the maximum debt amount of KRW 142.8 million, and the debtor C, a debtor.

The New Bank applied for a voluntary auction of real estate to the Incheon District Court B on the basis of the above collateral security, and the above court rendered a voluntary decision to commence auction on March 24, 2017.

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

The Plaintiff acquired the collateral security and the secured debt from the new bank during the instant auction procedure.

C. On February 20, 2015, the Defendant entered into a lease agreement with C as to the instant apartment between KRW 40 million and the term of lease from February 25, 2015 to February 25, 2017 (hereinafter “instant lease agreement”) and received delivery of the instant apartment around that time.

Around May 24, 2016, the defendant completed a move-in report with the apartment of this case as his domicile and received a fixed date.

On March 8, 2018, on the date of distribution implemented on March 8, 2018, the said court prepared a distribution schedule (hereinafter “instant distribution schedule”) in which each of the KRW 117,04,59 was distributed to the Plaintiff who acquired the status of the applicant creditor and the right to collateral security (hereinafter “the Plaintiff”), who demanded distribution as a small lessee among KRW 144,472,859, the amount to be actually distributed to the Defendant.

E. On March 13, 2018, the Plaintiff raised an objection to the amount of KRW 27 million against the Defendant on the said date of distribution, and thereafter filed the instant lawsuit on March 13, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 3, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the plaintiff's assertion (i) The lease contract of this case is concluded by false representation in conspiracy between C and the defendant, and the defendant is null and void.