1. The plaintiff's primary claim and the conjunctive claim are dismissed, respectively.

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

1. Basic facts

A. On January 9, 2017, with respect to Non-Party C’s fourth floor No. 401 (hereinafter in this case’s real estate), the auction procedure was commenced at the Incheon District Court’s District Court B real estate auction procedure upon the Plaintiff’s application as a mortgagee.

B. On January 12, 2018, on the date of distribution opened on January 12, 2018, a distribution schedule was prepared to distribute the amount of KRW 15 million to the Defendant, who is the first-class lessee, the third-class lessee, and KRW 124,803,640 to the Plaintiff, who is the third-class applicant creditor and the third-class mortgagee

C. The Plaintiff appeared on the date of distribution and raised an objection to the entire amount of distribution to the Defendant, and filed the instant lawsuit on January 17, 2018.

[Grounds for recognition] The written evidence Nos. 2, 5, and 6 and the purport of the whole pleadings

2. Judgment on the plaintiff's primary claim

A. The gist of the Plaintiff’s assertion asserts that the lease agreement concluded between the Defendant and C on the instant real estate should be revoked as a fraudulent act.

B. (i) Whether a fraudulent act is established or not, the right of priority repayment under Article 8 of the Housing Lease Protection Act grants a kind of statutory security right that can be repaid in preference to claims secured by mortgages and taxes, etc. on the leased house. Therefore, the debtor's act of setting up a right of lease under the above Article on the only house owned by the debtor in excess of the debt constitutes an act that causes a decrease in the debtor's whole property as a security in excess of the debt, and therefore the act of establishing the right of lease shall be subject to revocation

On the other hand, the obligor's bad faith is presumed and the lessee's bad faith is also presumed (see Supreme Court Decision 2000Da41875 delivered on April 24, 2001, etc.). However, in light of the legislative intent that allows the lessee who satisfies the requirements prescribed in the above Article to collect small amount of deposit in preference to prior secured creditors, etc., the above provision of the law.