1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 21, 2011, the Plaintiff leased KRW 130 million to C on July 21, 201, according to the agreed interest rate on July 21, 2014, according to the highest interest rate of 18% per annum. With respect to Article 401 (hereinafter “instant real estate”), the Incheon District Court’s East Incheon District Court’s East Incheon District Court’s 27685, July 21, 201, as to Article 401 (hereinafter “instant real estate”), the establishment registration of a mortgage for the debtor C was completed.

B. On February 18, 2012, between C and C, the Defendant entered into a lease agreement with the term of KRW 20 million for the instant real estate, which was from March 30, 2012 to 12 months for the term of lease (hereinafter “instant lease agreement”), and the Defendant’s Republic of Korea F was KRW 8 million for C account on February 18, 2012, and the same year.

3. Each transfer was made on 19.2 million won, and on 26.8 million won of the same month.

C. After that, on April 18, 2014, upon the Plaintiff’s request, the procedure for the auction of real estate was commenced regarding the instant real estate to this court B, and the Defendant asserted that C is a small lessee who leased the instant real estate in KRW 20,000,000 from the lease deposit, and filed a report on the right and demand for distribution.

On March 25, 2015, on the date of distribution of the said voluntary auction case, the court set up a distribution schedule with the content that distributes KRW 20,000,00 to the Defendant as the first priority lessee, and distributes KRW 82,325,896 to the Plaintiff as the second priority lessee.

(hereinafter “instant distribution schedule”). E.

On the date of distribution, the Plaintiff raised an objection to the total amount of dividends to the Defendant, and filed the instant lawsuit on March 27, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 3, the purport of the whole pleadings

2. The instant lease agreement concluded between the Defendant and C on the grounds of the parties’ assertion is null and void as a false declaration of agreement.

The defendant was merely the most lessee and deleted the amount of dividends of the defendant among the distribution schedule of this case.