1. The part concerning the conjunctive claim in the judgment of the first instance shall be revoked;

2. The plaintiff's conjunctive claim is dismissed.

3...

1. In the first instance court, the Plaintiff filed a claim of demurrer against the distribution to correct the instant distribution schedule, primarily on the ground that the Defendant is the largest lessee. In addition, the Plaintiff filed a preliminary claim of demurrer against the distribution on the ground that the lease agreement between the Defendant and B was a fraudulent act, and the said fraudulent act was revoked and its restitution was filed. The first instance court dismissed the Plaintiff’s primary claim and accepted the preliminary claim.

As the defendant appealed, the object of this court's trial is limited to the above ancillary claim.

2. Facts of recognition;

A. On June 23, 2014, the Plaintiff, while lending money to B, set up a right to collateral security (hereinafter “mortgage”) with a maximum debt amount of KRW 76,800,000 with respect to the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”).

B. On July 21, 2014, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) that leases the instant real estate from E (B’s certificate of discretion and power of attorney) on behalf of B (B) with the lease deposit KRW 32,000,000, and the lease term from August 12, 2014 to August 11, 2016 (hereinafter “instant lease agreement”).

C. On August 12, 2014, the Defendant remitted KRW 7,800,00 to B by means of account transfer, and received receipts from E to receive KRW 3,200,000 on July 21, 2014, and KRW 28,800,000 on August 12, 2014, and completed the move-in report of the instant real estate on August 11, 2014.

On January 2015, the Plaintiff applied for a voluntary auction of real estate on the instant real estate to Seoul Northern District Court C, based on the instant collateral security, and the said court rendered a voluntary decision to commence the auction on January 16, 2015.

E. As to the amount of KRW 66,309,774, which shall be distributed on October 13, 2015, the auction court shall pay to the Defendant the amount of KRW 32,00,000 equivalent to the deposit for small amount of lease, and the Plaintiff the amount of KRW 34,309,774 below the distribution schedule, respectively.