1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 13, 2014, an auction procedure stated in the purport of the claim was commenced regarding a residential building owned by C (No. 2 of the first floor of the Dacheon-gu D-si, Busan, and hereinafter “instant housing”).

B. The plaintiff filed a request for auction and demanded a distribution as a mortgagee, and the defendant demanded a distribution as a lessee.

On July 10, 2009, the Plaintiff completed the registration of creation of a mortgage over the instant house of KRW 96,200,000 with respect to the maximum debt amount.

On October 23, 2013, the Defendant concluded a lease contract of KRW 20,00,000 with C on a deposit basis, and filed a move-in report on resident registration on November 28, 2013 while residing in the instant housing on delivery on November 28, 2013, and filed a report on the move-in report on resident registration on November 29, 2013 with the Defendant having obtained the fixed date on October 25, 2013.

The amount of claims demanded by the plaintiff was KRW 81,96,580, and the amount of claims demanded by the defendant was KRW 20,000,000.

C. On November 25, 2014, the auction court recognized the Defendant as a lessee of small claims under the Housing Lease Protection Act, and set up a distribution schedule with the content that distributes KRW 20,000,00 to the Defendant and distribute KRW 34,676,80 to the Plaintiff in the second order.

The plaintiff appeared on the date of distribution and raised an objection to the total amount of dividends against the defendant.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 10 evidence (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) The Defendant is the most lessee who has concluded a lease contract in collusion with C by falsity.

(2) The defendant has lost his opposing power under the Housing Lease Protection Act by moving his resident registration to another place before the end of demand for distribution.

(3) The lease contract between the defendant and C shall be revoked as a fraudulent act detrimental to other creditors.

B. Defendant’s assertion ① The Defendant is the genuine lessee who has paid the lease deposit and resided therein.

(2) The opposing power has not been lost as the family members of the defendant maintained their resident registration.

(3) The fact that a fraudulent act is not a fraudulent act, but a fraudulent act is also weak.

3. Determination.