1. The lease agreement entered into on December 2, 2013 between the Defendant and B shall be revoked.

1. Basic facts

A. B took out a loan from the Plaintiff on July 18, 201, and completed the registration of creation of a mortgage over KRW 270,000,000 on the real estate listed in the separate sheet (hereinafter “instant real estate”) on July 18, 201.

B. On December 2, 2013, the Defendant entered into a lease contract (hereinafter “instant lease contract”) with respect to the instant real estate B and the instant real estate by setting the lease deposit amount of KRW 20,000,000, and the lease period from December 10, 2013 to December 10, 2015, and completed the move-in report on December 11, 2013 and received the fixed date.

C. Upon the Plaintiff’s application, on April 22, 2014, on the instant real estate owned B, the procedure for the auction of real estate rent C (hereinafter “instant auction procedure”) was initiated by the Suwon District Court, Ansan Branch C.

In the auction procedure of this case, the defendant asserted that he is a small lessee under the Housing Lease Protection Act, and filed a report on the right and demand for distribution against KRW 20,000,000.

On April 3, 2015, a court of execution prepared a distribution schedule with the content that distributes KRW 20,00,000 among KRW 261,984,959, which is to be distributed actually, to the Defendant of the small lessee, to the Defendant of the small amount, and KRW 300,280,280, which is to be distributed to the Defendant of the non-party of the distribution (the pertinent tax), to the Defendant of the non-party of the distribution (the pertinent tax), and to the Plaintiff of the non-party of the distribution

On the date of distribution of the distribution procedure of this case, the Plaintiff stated an objection against KRW 13,291,590 out of the Defendant’s dividend amount, and the Incheon Savings Bank, Inc., Ltd., a collateral security holder, stated the Defendant’s total dividend amount, and the Plaintiff filed the instant lawsuit on April 8, 2015, which was seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 18, the purport of the whole pleadings

2. Judgment as to the primary cause of claim

A. The plaintiff's assertion is that the contract of this case was concluded even though the registration of the right to collateral security and provisional seizure was completed at the time of entering into a lease agreement.