1. The plaintiff's primary and conjunctive claims are all dismissed.

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

1. Basic facts

A. On March 2, 2010, the Plaintiff completed the registration of creation of a collateral security right (hereinafter “instant collateral security right”) with respect to real estate stated in C’s claim (hereinafter “instant real estate”) on March 2, 2010, which is the basis of maximum debt amount of KRW 1638 million, in order to secure the claim for loans worth KRW 126 million against C.

B. Since then, the Plaintiff filed an application for a voluntary auction of real estate on the instant real estate with the Incheon District Court B based on the instant collateral security, and this court rendered a voluntary decision to commence the auction on November 8, 2013.

(hereinafter “instant auction procedure”). C.

The Defendant asserted that the instant real estate was a lessee who paid the deposit amount of KRW 23 million during the instant auction procedure, and filed a report on the right and demand for distribution.

On October 23, 2014, this Court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes KRW 20,000,00 to the Defendant, who demanded a distribution as a small lessee on the date of distribution, and KRW 292,580 to the Bupyeong-gu Incheon, the holder of the right to deliver (the pertinent tax), and the Plaintiff, the holder of the right to collateral security, in the order of three priority, to distribute KRW 132,164,681 to the Plaintiff.

E. Accordingly, on the aforementioned date of distribution, the Plaintiff raised an objection to the entire amount of distribution to the Defendant, and thereafter filed the instant lawsuit on October 30, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary assertion is that the Defendant concluded a false lease agreement on the instant real estate in order to receive a small-sum lease deposit under the Housing Lease Protection Act, and thus, deeming the Defendant as a small-sum lessee and distributed the amount of KRW 20 million to the Defendant should be corrected as stated in the purport of the claim.

Preliminaryly, the lease contract entered into between the defendant and C is subject to fraudulent act, and it is revoked.