1. Of the distribution schedule prepared on April 8, 2016, regarding the case of applying for a voluntary auction of B real estate in this Court, the Defendant.

1. The content of the distribution schedule 0: The debtor and the owner of the real estate listed in the separate sheet (hereinafter referred to as “instant house”) recorded in the attached list prepared by the court: In the case of the application for the auction of the auction of the real estate B in this Court progress by the plaintiff C0, this court shall, on April 8, 2016, prepare a distribution schedule of KRW 55,701,958, which is to be actually distributed to the plaintiff, and KRW 19,000,000,000 to D and the defendant, and E, with the first priority, KRW 2790,440,000,000 to the Nam-gu Office of Busan Metropolitan City, Ulsan Metropolitan City, and KRW 38,00,000 to F and G, and distribute the remaining amount to the plaintiff at the order of KRW 43,91,518 to the above distribution date.

2. 원고의 주장요지 : 가장채권자에 대한 배당이의 피고는 경매부동산의 소유자인 C와 부녀(父女) 관계로서 금전의 수수 없이 허위로 임대차계약을 체결함

3. Determination: Upon receiving the Plaintiff’s assertion, the Defendant asserted that the Defendant paid the deposit money in installments over several occasions after April 16, 2014, in consideration of the relationship between the Defendant and C, remittance amount and the date, frequency, etc., and completed the move-in report on the same day, stating the deposit money for the second floor of the instant housing that the Defendant had resided with C as of April 16, 2014, and completed the move-in report on the same day. However, prior to the formation of the lease contract in this case, the Defendant, who did not have any data that the deposit was actually received at that time, remitted KRW 9 million to his/her husband (which appears to have been lent for the payment of interest to his/her father-child) as follows. However, in light of the relationship between the Defendant and C, the remittance amount and the date, and the number of transfers amount, it cannot be deemed that the Defendant received the deposit money in normal lease between the lessor and the lessee.

Even if prior to April 16, 2014, KRW 9 million loaned prior to the payment of lease deposit will be replaced by the payment of lease deposit.