1. The Defendant and B concluded on April 18, 2013 regarding No. 4, Dong 1105, Yeonsu-gu, Incheon.

1. Basic facts

A. B borrowed KRW 28,00,000 from the Plaintiff on July 22, 2011, and completed the registration of creation of a mortgage over the instant housing as a security, with regard to the debtor B, the maximum debt amount of KRW 36,400,00,000, the mortgagee as the Plaintiff.

B. On September 17, 2013, the Korea Housing Finance Corporation, the mortgagee of the instant housing, applied for a voluntary auction and rendered a voluntary decision to commence the auction procedure (hereinafter “instant auction procedure”) with regard to the instant housing as D on September 17, 2013.

C. Meanwhile, between April 18, 2013 and B, the Defendant entered into a lease agreement with the term fixed from May 24, 2013 to May 24, 2015 (hereinafter “instant lease agreement”) with respect to the instant real estate, and entered into a lease agreement with the term fixed from May 24, 2013 to May 24, 2015 (hereinafter “instant lease agreement”). On the other hand, the move-in report was completed on May 29, 2013, while the said lease was granted a fixed date, and filed a report on the right and demand for distribution with the executing court.

On April 29, 2014, the date of distribution, in the instant auction procedure, the Defendant: (a) distributed KRW 22,00,000 to the first-order lessee; (b) the Korea Housing Finance Corporation distributed KRW 196,837,743 to the third-order mortgagee; and (c) did not make any dividends to the Plaintiff (hereinafter “instant distribution schedule”); and (d) the Plaintiff appeared on the said date of distribution and made a statement of objection to the distribution against the total amount of the Defendant’s dividends; and (b) filed a lawsuit of demurrer against the distribution on May 2, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 3 evidence (including each number of evidence A 2 and 3) and the purport of the whole pleadings.

2. Determination on the claim for revocation of fraudulent act

A. The right of priority repayment of small-sum deposit under Article 8 of the Housing Lease Protection Act provides a kind of statutory security right that can be paid in preference to claims secured by mortgages and taxes on leased houses.