1. On August 7, 2013, the real estate indicated in the Attached Form “Real Estate Indication” between the Defendant and B was concluded on August 7, 2013.

1. Basic facts

A. On July 6, 2012, the National Bank Co., Ltd. (hereinafter “National Bank”) completed the registration of the establishment of a mortgage on the real estate indicated in the “Real Estate Indication” attached to B owned by B (hereinafter “instant apartment”) with respect to the real estate leased to B on July 6, 2012.

B. On August 9, 2012, the Plaintiff acquired all of the above collateral security claims from the National Bank and notified the B thereof. On October 18, 2013, the Plaintiff completed the supplementary registration that the mortgagee of the right to collateral security (right to collateral security) was the Plaintiff.

C. B delayed the principal and interest of the loan, and the Plaintiff applied for the commencement of a voluntary auction on the instant apartment in order to the High Government District Court (D above court), and the auction procedure was conducted according to the decision of voluntary auction by the above court.

On August 7, 2013, the Defendant leased the apartment of this case from B to KRW 26,00,000,000, and applied for a report on the right and demand for distribution by asserting that the move-in report and the fixed date was received on August 13, 2013.

E. On December 30, 2015, the auction court distributed 22,00,000 won under the premise that the Defendant is a legitimate small-sum lessee, among the amount of KRW 188,360,635, which shall be actually distributed on December 30, 2015, under the premise that the Defendant is a legitimate small-sum lessee, and prepared a distribution schedule containing the content of dividends in the order of 16,184,335 won, which shall be less than the maximum debt amount of KRW 168,618,689, which shall not exceed the maximum debt amount of KRW 168,

F. The Plaintiff appeared on the date of the above distribution, and raised an objection to KRW 1,815,665 within the maximum amount of the maximum amount of debt out of the dividend amount against the Defendant, and filed the instant lawsuit within seven days thereafter.

【Ground for Recognition: Each entry in evidence Nos. 3, 4, 5, 6, and 11, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The lease agreement concluded between the Plaintiff and the Defendant constitutes a fraudulent act, and thus, seeks revocation and restitution within the scope of the Plaintiff’s claim amount.

B. The defendant is a bona fide beneficiary, and the defendant can respond to the plaintiff's request.