1. Revocation of a judgment of the first instance;

2.With respect to the auction of the real estate B to the Suwon District Court, the same case shall apply.

1. Facts of recognition;

A. On March 12, 2008, C completed the registration of creation of a mortgage in the vicinity of No. 441,600,000 of the maximum debt amount with respect to the D apartment No. 135 and No. 201 (hereinafter “instant real estate”) in Ansan-si, the Plaintiff (Seman Capital Co., Ltd. prior to the alteration) on March 12, 2008.

B. On November 10, 201, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) stating that one room among the instant real estate is leased by setting the lease deposit amount of KRW 30,000,000, and the period from December 1, 201 to November 31, 2013 (hereinafter “the lease agreement”). On March 7, 2012, the Defendant obtained a fixed date of the lease agreement and filed a move-in report on March 8, 2012.

C. On April 2, 2012, the Plaintiff applied for an auction on the instant real estate and rendered a decision to commence auction on April 19, 2012.

(Ogsan District Court B). (d)

On April 26, 2012, the defendant came to go to the above auction case.

On December 1, 2011, the same content as the paragraph (the commencement date of possession) reported the right of the lessee and applied for the demand for distribution.

E. On April 24, 2013, the aforementioned court prepared a distribution schedule stating that the Defendant shall distribute KRW 12,00,000 to the members of Ansan-si, and KRW 1,119,370 to the Plaintiff, and KRW 304,216,792 to the Plaintiff (hereinafter “instant distribution schedule”). The Plaintiff raised an objection against the Defendant’s total amount of dividends, and filed the instant lawsuit on April 29, 2013, within one week thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 6, 9, purport of the whole pleadings

2. Determination

A. In light of the Plaintiff’s assertion, the Defendant constitutes the most lessee who in collusion with C to receive small-sum lease deposit, prepared a false lease agreement, and received dividends, and thus, the instant distribution schedule should be revised to delete the dividend amount of KRW 12,00,000 from the Defendant and distribute the amount to the Plaintiff.

Preliminaryly, the instant lease agreement constitutes a fraudulent act and should be revoked, and the instant distribution schedule against the Defendant due to its restitution.