A. The F Cooperatives received, on September 3, 2015, registration of the establishment of a right to collateral security of KRW 48,000,000 with respect to the Halllle I owned by G (hereinafter “instant real estate”).

B. At the request of the J, F Cooperatives, Co., Ltd., Ltd., each of the right to collateral security (hereinafter “instant auction procedure”), the auction procedure for the instant real estate was initiated in Gwangju District Court D and E (hereinafter “instant auction procedure”), and the Plaintiff acquired the above right to collateral security against G of F Cooperatives during the said auction procedure.

C. Meanwhile, on February 14, 2016, the Defendant entered into a contract to rent KRW 5,000,000, monthly rent of KRW 300,000 to the instant real estate and resided in the instant real estate. On June 14, 2018, the auction court: (a) deemed the Defendant as a legitimate small lessee of the instant real estate on the date of distribution of the instant auction procedure; (b) distributed KRW 5,00,000 in the first priority order; and (c) drafted a distribution schedule to distribute the amount of KRW 8,738,545 to the Plaintiff, a mortgagee, as a right to collateral security.

The Plaintiff raised an objection against the entire amount distributed to the Defendant on the date of distribution, and filed a lawsuit of demurrer against distribution on June 20, 2018, which was seven days thereafter.

[Reasons for Recognition] Evidence Nos. 1 through 4, Evidence No. 6, and the purport of the whole pleadings

2. The Plaintiff asserted that the Defendant’s refund of the instant real estate was fully deducted due to the Defendant’s default of monthly rent, and that the Defendant recognized it on November 2017 and went to another place. Since the Defendant did not appear on the date for pleading without submitting a written reply even though having received a duplicate of the instant complaint, it is deemed that all of the Plaintiff’s assertion was led to the confession under Article 150(3) of the Civil Procedure Act.

Therefore, among the dividend table prepared on June 14, 2018 in the instant auction procedure, the Defendant deleted the amount of KRW 5,000,000 and distributes it to the Plaintiff.