1. All of the plaintiff's claims are dismissed.

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

1. Facts recognized;

A. On June 5, 2012, the Plaintiff, while lending KRW 112,00,000 to C, was established with respect to the instant building owned as collateral, as to the maximum debt amount, KRW 145,60,000 (hereinafter “instant mortgage”).

B. On June 25, 2012, the Defendant entered into a lease agreement between C and C with a deposit of KRW 24 million for the instant building and the period from July 14, 2012 to July 13, 2014 (hereinafter “instant lease agreement”), and completed a move-in report on July 17, 2012.

C. Since April 4, 2013, C delayed the payment of interest on the loan to the Plaintiff. Accordingly, the Plaintiff filed an application for voluntary auction with the Incheon District Court B based on the instant collateral security, and the voluntary auction procedure for the instant building commenced on July 9, 2013.

In the above auction procedure, the Defendant reported the right to claim the return of deposit under the instant lease agreement and made a demand for distribution, and on June 3, 2014, the auction court prepared a distribution schedule stating that the Defendant, who is the lessee of small claims, distributes the amount of KRW 2,00,000 to the Defendant, and the Defendant, who is the lessee of small claims, the amount of KRW 73,122,029 (hereinafter “instant distribution schedule”).

E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the full amount of the Defendant’s dividend, and filed the instant lawsuit on June 10, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 6, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant lease agreement was null and void as a false declaration of conspiracy, and the primary purpose of which is to collect the claim by being protected as a small lessee. Therefore, the Defendant cannot be protected as a small lessee, or C with respect to the instant building that was in excess of the debt, constitutes a fraudulent act and seek revocation thereof.

Therefore, the instant dividend table deleted the dividend amount to the Defendant and distributes the dividend amount to the Plaintiff.