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

A. After entering into a loan agreement with D on July 12, 2017, the Plaintiff completed the registration of the establishment of a neighboring building with a maximum debt amount of KRW 123,50,000,00 with respect to the E-head of the building in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant real estate”).

B. On May 12, 2015, the Defendant entered into a lease agreement with G, who is the father of D, with respect to the instant real estate, with the lease deposit of KRW 100 million and the lease term from June 13, 2015 to June 12, 2017 (hereinafter “instant lease agreement”), and completed the move-in report with the fixed date fixed on May 29, 2015 after obtaining the move-in report on June 12, 2015.

C. On August 11, 2017, the Defendant received the refund of KRW 50 million out of the lease deposit after the term of the said lease agreement expires, and thereafter, on August 17, 2017, 2017, the Defendant went to the director after completing the lease registration on the instant real estate on the basis of the order of lease registration (2017Kadan11) by the Glman Military Court of the Daegu District Court.

Since then, the Defendant filed a lawsuit against D on the lease deposit deposit against the Seogu District Court 2017Kadan1968, Seogu District Court 2017Gadan11968, and applied for auction of the instant real estate to the Daegu District Court C upon winning a favorable judgment on November 29, 2017.

(hereinafter “instant auction procedure”). E.

In the instant auction procedure, the instant real estate was sold at KRW 70,119,000, and dividends were paid on June 19, 2019. The Defendant received dividends of KRW 50,00,000 as a lessee of the fixed date, and the Plaintiff was paid KRW 22,071,495 out of the amount of claim 105,828,271.

F. On the date of distribution, the Plaintiff raised an objection to the total amount of dividends against the Defendant, and filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, 6 and 7, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant lease agreement was concluded by stealing, the father of D, stolen the name of D, and the Defendant is not a legitimate lessee of the instant real estate.