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1. The plaintiff's primary claim added by this court is dismissed.
2. The judgment of the court of first instance is modified as follows.
Reasons
1. The reasoning for the court’s explanation on this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff's assertion
A. The instant lease agreement’s primary claim is a fraudulent act that causes F to be repaid to the Defendant KRW 20 million on the instant real estate, which is one’s own responsible property by the F having been in excess of his/her obligation, and constitutes a fraudulent act that causes damage to the Plaintiff, a creditor.
Therefore, the above lease agreement should be revoked as a fraudulent act, and it is sought to revise the distribution schedule to distribute to the plaintiff the amount of KRW 20 million distributed to the defendant, as stated in the purport of the claim, as it is a restitution to its original state.
B. Preliminary claim 1) At the time of the instant lease agreement, the instant real estate had already been set up a right to collateral security exceeding the value of the real estate. The instant real estate is an apartment with a large apartment located in Busan located in L 59 square meters, which is highly difficult for the Defendant to reside in the entire property. In light of the fact that the condition that monthly rent of KRW 1.1 million is the lease deposit of KRW 30 million is too low compared with the surrounding market price, the instant lease agreement constitutes a contract with false misrepresentation, and the Defendant shall be deemed the most lessee. Therefore, even if the Defendant is not the most lessee, the Defendant did not pay the rent under the instant lease agreement, and thus, the Defendant is entitled to receive only the remainder of the amount calculated by deducting the overdue rent from the said lease deposit, from February 2, 2017 to January 1, 2017; and the Defendant’s monthly overdue interest of KRW 30,000,0000,0000 from the monthly rent of KRW 136,206,17.