1. The plaintiff's main claim is dismissed.

2. The part of the conjunctive claim in the instant lawsuit is dismissed.

3...

1. Basic facts

A. On December 16, 2011, the Plaintiff leased KRW 23 million to C on December 16, 201, and completed the registration of the establishment of a neighboring mortgage with respect to the instant apartment owned by C on December 16, 2011, with the maximum debt amount of KRW 29 million and the debtor C.

B. On January 21, 2015, the Defendant leased the instant apartment from C by setting the lease deposit of KRW 21 million, the lease term from January 24, 2015 to January 23, 2017. The Defendant completed the move-in report on January 28, 201 and received the fixed date.

(hereinafter “instant lease agreement”). C.

On May 7, 2015, North Seoul Agricultural Cooperative, the mortgagee of the instant apartment, received a decision to commence the auction of real estate for the instant apartment from the Incheon District Court B. In the above auction procedure, the Defendant reported the right as a lessee and made a demand for distribution.

On April 27, 2016, on the date of distribution open on April 27, 2016, a distribution schedule was prepared with the content that: (a) the Defendant, the lessee of small claims, did not distribute the amount of KRW 21 million to the Plaintiff, the mortgagee, and (b) did not distribute the amount to the Plaintiff.

E. On the date of distribution, the Plaintiff raised an objection to the full amount of the distribution to the Defendant, and filed the instant lawsuit on May 3, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Judgment as to the main claim

A. The plaintiff's assertion is the most lessee who does not actually reside in the apartment of this case.

The instant lease agreement is merely null and void by means of false conspiracy labeling.

Therefore, the plaintiff seeks correction of the distribution schedule as stated in the order of the defendant.

B. On the other hand, the evidence alone submitted by the Plaintiff alone is insufficient to deem the instant lease agreement null and void as a juristic act due to a false declaration of conspiracy, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

3. Judgment on the conjunctive claim

A. The defendant is based on the plaintiff's right to revoke the fraudulent act.