1. On April 11, 2014, the distribution schedule prepared by this Court concerning the case of the voluntary auction of real estate B by the Incheon District Court.

1. Basic facts

A. In order to secure a debt of KRW 100,00,000 against C, the Plaintiff completed the registration of creation of a mortgage over the instant real estate owned by C on April 23, 2010 with the maximum debt amount of KRW 130,00,00.

(hereinafter “instant collateral security”). B.

Since then, C did not pay interest on the above loan obligation, the Plaintiff filed an application for a voluntary auction of real estate concerning the instant real estate with the Incheon District Court B on July 24, 2013, and received a voluntary decision to commence auction from the above court.

(hereinafter “instant auction procedure”). C.

During the auction procedure of this case, the defendant himself paid 24 million won to the court of execution and claimed that he is the lessee who leased the real estate of this case from C, and filed a report on the right and demand for distribution.

In distributing the amount of KRW 92,968,261 to be actually distributed on the date of distribution implemented on April 11, 2014, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes the amount of KRW 20,00,000 to the Defendant who applied for a demand for distribution as a small lessee, and KRW 124,70 to the Nam-gu Incheon Metropolitan City, which is the holder of the right to deliver, and KRW 72,843,561 to the Plaintiff who is the holder of the right to deliver, respectively, in the order of priority.

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 April 18, 2014, within one week thereafter.

F. Meanwhile, as the Incheon District Court 2013Hadan4559, C applied for bankruptcy. On March 21, 2014, this Court declared bankruptcy against C.

[Ground of recognition] Facts without dispute, Gap's entries, 1 to 7, and 10, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is selectively asserted, the Defendant concluded a false lease agreement on the instant real estate in collusion with C in order to receive a small-sum lease deposit under the Housing Lease Protection Act.