1. The plaintiff's main claim is dismissed.

2. Upon the ancillary claim:

A. Attached list between the Defendant and B

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 2:

Attached Form

On July 18, 2012, the real estate indicated in the list (hereinafter “instant house”) was registered for ownership transfer to B on July 18, 2012, and the Plaintiff leased KRW 105,000,000 to B on the same day, and was established with regard to the instant house as a maximum debt amount of KRW 126,00,000,000, and as a debtor B.

B. As the Plaintiff did not pay interest from September 26, 2013, on October 28, 2010, the Plaintiff filed an application for a voluntary auction of the instant housing based on the aforementioned collateral security C with this court on the same day, and the decision to commence voluntary auction was made on the same day, and the instant apartment was sold to D on April 30, 2014.

C. On the date of distribution opened on June 10, 2014, the said executing court prepared a distribution schedule with the content that distributes the amount of KRW 113,787,347 to the Defendant, who is the lessee of small claims, to the Defendant, who is the lessee of small claims, KRW 2 million, and KRW 91,641,127 to the Plaintiff, who is the mortgagee of small claims, respectively, in the third order.

The Plaintiff raised an objection to the distribution against the Defendant on the date of distribution, and filed the instant lawsuit on June 16, 2014.

2. The plaintiff's primary cause of claim is that the lease contract between the defendant and B is null and void as a false declaration. Thus, the distribution of dividends to the defendant should be revised as the order. The conclusion of the lease contract of this case with the defendant as a small lessee under the Housing Lease Protection Act with regard to the housing of this case, which is the only property in excess of B's obligation due to the preliminary cause of claim, constitutes a fraudulent act against the plaintiff, who is the creditor, and the intention of harm and the defendant's bad faith is presumed. Thus, the lease contract of this case between the defendant and B is revoked, and the distribution schedule of this case shall be restored to its original state.