1. Revocation of a judgment of the first instance;

2. With respect to the case of the voluntary auction of real estate B by the Seoul Central District Court, the above court.

1. Basic facts

A. On June 18, 2010, the Plaintiff entered into a credit guarantee agreement with C on a loan obligation that C obtained from a national bank. On April 18, 2014, C caused a credit guarantee accident. On May 29, 2014, the Plaintiff acquired a claim for indemnity amount equivalent to the above amount against C by subrogated payment of KRW 90,901,50 to the national bank.

B. The Seoul Central District Court’s voluntary auction procedure B real estate auction procedure (hereinafter “instant auction procedure”) was conducted with respect to D Apartment Nos. 103, 1003, Dong-dong 1003 (hereinafter “instant apartment”).

C. In the instant auction procedure on July 7, 2015, the Defendant filed a report on the right and demand for distribution by asserting that he/she is a small lessee of the instant apartment. On May 3, 2016, the court of execution, as the first priority lessee, prepared the distribution schedule to distribute KRW 20,00,00 to the Defendant as the subordinate lessee, and to distribute KRW 22,975,673 to the Plaintiff as the subordinate mortgagee (hereinafter “instant distribution schedule”), and the Plaintiff filed the instant lawsuit on May 10, 2016, after stating an objection against the total amount of dividends to the Defendant.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence (including additional number), 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 rental contract with the intent to receive a dividend under the name of small-sum lease deposit at the instant auction procedure. Since a lease contract entered into between C and the Defendant is null and void by a false declaration of agreement, the Defendant is required to delete the dividend amount of KRW 20 million against the Defendant under the instant distribution schedule, and revise the said dividend amount to distribute the Plaintiff. 2) The Defendant: F was originally leased and resided in the instant apartment from C from May 7, 2014 to May 6, 2016 by setting the lease deposit amount of KRW 28 million for the instant apartment from C.

However, the defendant is F.