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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 26, 2012, the Plaintiff lent D KRW 30 million to D, and completed the registration of the establishment of a mortgage on June 15, 2012, with respect to the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”) as a collateral for the said loan on June 15, 2012, the Plaintiff completed the registration of the establishment of a mortgage near the debtor D, the mortgagee, the Plaintiff, the Investment Savings Bank, the Korea Stock Company, the maximum debt amount, and the maximum debt amount of KRW 130 million.
B. On October 22, 2012, B entered into a lease agreement with the Defendant, setting the lease term of three years, lease deposit of 40 million won, and monthly rent of 330,000 won (hereinafter “instant lease agreement”).
C. Meanwhile, following the application for the voluntary auction of the instant real estate by the Seocho Agricultural Cooperative, a senior mortgagee on the instant real estate, the real estate was sold during the said voluntary auction procedure after the commencement of the voluntary auction procedure in the Suwon District Court’s Eunpyeong Housing Site on July 1, 2013. On February 14, 2014, the said court drafted a distribution schedule that distributes the amount of KRW 14 million to the Defendant, a lessee of small amount of money (hereinafter “instant distribution schedule”).
【Ground for recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 5 (including virtual numbers), and the purport of the whole pleadings
2. The Plaintiff asserts to the effect that the conclusion of the lease agreement with the Defendant on the instant real estate in excess of the debt constitutes a fraudulent act, and thus, the instant distribution schedule should be revised as stated in the purport of the claim.
In order for the creditor to cancel the creditor's act of disposal of the debtor's property by making it a fraudulent act, ① the creditor must have a claim against the debtor, who is a preserved claim by which the creditor can exercise his/her right of revocation, ② the debtor must have a legal act, and ③ the legal act should be prejudicial to the creditor.