1. The plaintiff's main claim is dismissed.

2. As to the real estate stated in the separate sheet between the defendant and the non-party B.

1. Basic facts

A. On June 23, 2014, the Plaintiff set the right to collateral security of KRW 76.8 million with respect to the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”).

B. On January 16, 2015, the Plaintiff received a decision to commence the instant real estate auction from the Seoul Northern District Court (C).

C. On October 13, 2015, the auction court prepared a distribution schedule with regard to KRW 66,309,774, on the premise that the Defendant is a lessee of the instant real estate, under the premise that the Defendant is a lessee of the instant real estate, that the Defendant distributes the amount of KRW 32 million to the Defendant, and that the Plaintiff distributes the amount of KRW 34,309,774, respectively.

Accordingly, the Plaintiff raised an objection to the amount of dividend of the Defendant on the date of distribution, and filed the instant lawsuit on October 19, 2015.

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

2. The parties' assertion

A. The plaintiff's assertion is primarily sought correction of the distribution schedule that, on the ground that the defendant is the most tenant, the defendant's lease contract between the defendant and the debtor is the fraudulent act and its revocation and restitution. The defendant's deletion of the amount of dividends during each period and the distribution of the amount to the plaintiff.

B. The Defendant’s assertion is the genuine lessee who resided in the instant real estate after paying the lease deposit. Even if the instant lease agreement constitutes a fraudulent act, the Defendant is the bona fide beneficiary.

3. Determination

A. (1) On July 21, 2014, the Defendant entered into a lease agreement with E (B) who represented B by a licensed real estate agent D, who had resided at the time of strike under the brokerage of licensed real estate agent D, with the lease deposit of KRW 32 million and the lease deposit of KRW 12 million from August 12, 2014 to August 11, 2016.

The defendant completed a move-in report on August 11, 2014 with respect to the instant real estate.

(2) The Defendant leased real estate located in Seongbuk-gu Seoul, Seoul on April 18, 2014 to lessor G.