1. The plaintiff's primary and conjunctive claims are all dismissed.

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

1. Facts of recognition;

A. On November 26, 2013, upon the Plaintiff’s application who is a mortgagee, the auction of real estate was commenced with the Busan District Court B as to the fourth floor of the building C, Busan District Court on November 26, 2013, and on November 27, 2013, the registration of the decision on voluntary commencement of auction was completed.

B. On December 3, 2013, the Defendant filed a report on the right and made a demand for distribution by asserting that he/she entered into a lease agreement (hereinafter “instant lease agreement”) between the owner of the said unit D with the following content in the said auction case:

[Contents of Lease Contract] The lease contract date: the fixed date: January 16, 2012: the lease deposit period of KRW 45,000,000: from January 16, 2012 to January 15, 2013: From January 16, 2012 to January 15, 2013.

C. On August 8, 2014, the aforementioned court: (a) prepared a distribution schedule with the content that distributes each of the KRW 56,882,036 in the order of priority to the Plaintiff, the mortgagee of the right to collateral security (hereinafter “instant distribution schedule”) as a lessee of small claims; and (b) that distributes each of the KRW 19,00,000 to the Defendant, the mortgagee of the right to collateral security (hereinafter “right to collateral security”).

The Plaintiff appeared on the date of distribution, and stated that he/she raised an objection against KRW 18,717,964 out of the Defendant’s dividend amount of KRW 18,717,964 = 75,60,00 (the maximum debt amount of the Plaintiff’s right to collateral security) - KRW 56,882,036 (the amount of dividends to the Plaintiff), and then filed the instant lawsuit with the court on August 13, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The plaintiff's assertion

A. Since the lease contract of this case is null and void as it is by means of a false declaration of agreement, the distribution schedule of this case must be modified as stated in the primary purport of the claim.

B. Even if the instant lease agreement does not become null and void, it should be revoked because it constitutes a fraudulent act that causes damage to the general creditors if D, who was in excess of the debt, set up a right to preferential reimbursement through the instant lease agreement, constitutes a fraudulent act that causes damage to the general creditors.