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

A. On October 29, 2018, the Plaintiff set up a right to collateral security of KRW 300 million on the building site and its ground (hereinafter “instant real estate”) owned by D and lent KRW 200 million to D.

B. At the time, D issued to the Plaintiff a written confirmation of free residence under the name of the Defendant, stating, “I confirm, as the head of the household residing in the address of the said real estate, that “I do not have any right to claim any deposit in the relationship of the preceding (month) years after this day, and do not have any right to claim any case.”

C. On January 23, 2019, with respect to the instant real estate, a voluntary auction procedure was initiated to Daejeon District Court C with the application of the F Association.

In the above auction case, the court distributed KRW 17,000,000 as a small lessee with preferential right to payment to the defendant as the amount of KRW 743,788,784 on February 27, 2020, and KRW 23,00,000 as a lessee with the fixed date date, respectively, and prepared a distribution schedule that distributes the amount of KRW 100,678,531 to the plaintiff, who is a junior secured mortgage.

The plaintiff appeared on the date of the above distribution and raised an objection to the full amount of KRW 40,00,000 of the defendant's dividends, and thereafter filed a lawsuit of demurrer against the distribution of this case on March 4, 2020, which is within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 7, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion was that the defendant prepared a certificate of free residence to the plaintiff as a relation between D and private village, and the plaintiff trusted this certificate and lent 200 million won to D as collateral. Thus, the defendant is not in a position to receive dividends in the auction procedure concerning the real estate of this case.

The defendant's payment of dividends by asserting the lease in the above auction procedure is against the principle of good faith and trust.