1. On November 4, 2014, the real estate indicated in the separate sheet between the Defendant and Nonparty B was concluded.

1. Facts of recognition;

A. On December 30, 2010, the Plaintiff completed the registration of the establishment of a neighboring mortgage with respect to the real estate listed in the separate sheet owned by Nonparty B (hereinafter “the instant real estate”) as indicated in the separate sheet owned by Nonparty B (hereinafter “the instant real estate”).

B. The New Bank Co., Ltd. filed an application for a voluntary auction of the instant real estate C with respect to the instant real estate, and this court rendered a voluntary decision to commence the auction on April 13, 2015.

(hereinafter the above auction procedure is referred to as “instant auction procedure”).

On the other hand, on November 4, 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the instant real property, setting the lease deposit of KRW 30,000,000, monthly rent of KRW 600,000 (payment on the 20th of each month), from December 19, 2014 to December 18, 2016.

On January 15, 2016, this Court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes the amount of KRW 22,00,000,00 to the Defendant, who demanded a distribution as a small lessee on the date of distribution, as well as the amount of KRW 13,908,446, respectively, in the fourth order.

E. On January 21, 2016, the Plaintiff raised an objection to the entire amount of distribution to the Defendant on the date of the said distribution, and thereafter filed the instant lawsuit on January 21, 2016.

F. Meanwhile, B was in excess of the obligation at the time of the instant lease agreement.

[Ground of recognition] The fact that there is no dispute, entry of Gap 1 through 9, fact-finding results on the Minister of Court Administration of this Court, purport of whole pleadings

2. Determination as to the claim for revocation of a fraudulent act

A. The right of priority repayment of small-sum deposit under Article 8 of the Housing Lease Protection Act provides a kind of statutory security right that can be paid in preference to claims secured by mortgages and taxes on leased housing. Thus, the debtor is stipulated in the above Act on the only house owned by the debtor in excess of the debt.