1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The costs of lawsuit shall be all principal lawsuit and counterclaim.

1. Determination as to the principal lawsuit

A. Basic facts 1) The instant apartment was originally owned by C. The instant apartment was the real estate owned by C, and the auction procedure stated in the purport of the claim on February 6, 2014 (hereinafter “instant auction procedure”).

(2) On the date of distribution, on December 24, 2014, the court prepared a distribution schedule with the content that distributes KRW 49,857,172 to the Defendant, who is the mortgagee, in the second order on the date of distribution.

The plaintiff demanded a distribution as a lessee, but was excluded from the distribution.

3) Accordingly, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the Defendant regarding KRW 19 million out of KRW 49,857,172 of the dividends to the Defendant. [The Plaintiff did not dispute over the grounds for recognition, evidence No. 3-1, 2, evidence No. 3-2, evidence No. 4 and 5, and the purport of the entire pleadings.

B. The Plaintiff’s assertion 1) The Plaintiff, on October 28, 2013, prior to the commencement of the auction procedure, leased the instant apartment from C to KRW 20 million, and resided therein on December 11, 2013, and is entitled to preferential reimbursement of the small-sum lease deposit under Article 8 of the Housing Lease Protection Act, as the lessee who completed and resided therein the move-in report on resident registration on December 11, 2013.

(2) The lease contract between the plaintiff and C shall be revoked as a fraudulent act.

C. Determination 1) According to the written evidence Nos. 1, 2, 4 through 7, the Plaintiff’s written lease agreement (hereinafter “instant lease agreement”) dated October 28, 2013, which read as “the Plaintiff’s lease agreement (i.e., the lease agreement that was concluded between October 28, 2013 and October 27, 2014, which was concluded by the Plaintiff as “the lease agreement that was concluded by the Plaintiff from the instant apartment as the lease deposit amount of KRW 20 million, and the period from October 28, 2013 to the lease.”

Upon preparing Eul with Eul, on March 17, 2014, the fact that the fixed date was obtained from the instant lease agreement, and the fact that the plaintiff continued to maintain the resident registration after completing the move-in report on resident registration on March 19, 2008 on the “Yeocheon-gu E apartment” and completed the move-in report on resident registration on December 11, 2013, which was after the date of the formation of the instant lease agreement.