1. Of the distribution schedule prepared by the same court on June 27, 2014 in the case of the auction of the real estate B in Incheon District Court, the defendant is the defendant.

1. Basic facts

A. On February 26, 2013, C borrowed KRW 40,000,00 from the Plaintiff, and completed the registration of creation of a neighboring mortgage with respect to the instant housing owned by C as collateral to the Plaintiff, with the debtor C and the maximum debt amount of KRW 52,00,000.

B. On December 4, 2013, the Plaintiff filed for a voluntary auction on the basis of the foregoing right to collateral security, and the decision on voluntary auction of the instant housing was rendered to the court B, and the said auction procedure was in progress (hereinafter “instant auction procedure”).

C. On June 27, 2014, at the instant auction procedure, the distribution schedule was prepared to distribute the Defendant 22,00,000 won to the first priority (small lessee) and the Plaintiff 31,613,494 won to the third priority (hereinafter “instant distribution schedule”). The Plaintiff appeared on the said distribution date, and stated an objection to the distribution against KRW 14,129,306 among the Defendant’s dividends, and filed a lawsuit of demurrer to the distribution on July 3, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 11, the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant is merely the most lessee who entered into a false real estate lease contract with C, and thus, sought correction as to the instant distribution schedule, which recognized the Defendant as a small lessee and distributed KRW 22,00,000,00, as stated in the purport of the claim. 2) Alternatively, the Defendant’s conclusion of a lease contract with C on the instant housing constitutes a fraudulent act, and thus, the instant distribution schedule should be determined as stated in the purport of the claim.

B. First of all, we examine the Plaintiff’s above argument.

Comprehensively taking account of the aforementioned evidence and the purport of the entire pleadings, the purport of the following: C and the Defendant’s lease of the instant house from March 15, 2013 to March 15, 2015: (a) the Defendant leased the instant house from March 15, 2013 to March 26, 2015.