A. As of July 10, 2018 between the Defendant and Nonparty D (hereinafter “Nonindicted Party”), a lease agreement was made between the Defendant and Nonparty D (hereinafter referred to as “Nonindicted Party”) stating that “The Defendant set lease deposit amount of KRW 15,000,000, and the term of lease from July 10, 2018 to July 10, 2019 (12 months) for the lease deposit amount of KRW 15,00,000,000, and the real estate of this case, which is owned by the Nonparty.” The Defendant completed the move-in report at the location of the instant real estate on July 13, 2018.

B. While maintaining a de facto marital relationship with the non-party, the plaintiff filed a lawsuit to claim consolation money due to a de facto marital relationship under Busan Family Court Decision 2015ddan209541, and on September 8, 2017, the above court rendered a judgment that "the non-party shall pay to the plaintiff the amount equivalent to 60 million won as a division of property and the amount equivalent to 5% per annum from the day following the day when the judgment of this case became final and conclusive to the day of full payment." The above judgment became final and conclusive on September 17, 2018, following the appeal and final appeal.

C. The Plaintiff filed an application for a compulsory auction of real estate concerning the instant real estate with Busan District Court C with regard to the claim for the foregoing judgment amount (hereinafter “instant auction procedure”), and the said court rendered a decision to commence compulsory auction on October 1, 2018.

On August 22, 2019, the above court: (a) distributed KRW 15,00,000 to the Defendant who reported the right as a small lessee and demanded distribution on the date of distribution of the instant auction procedure; and (b) drafted a distribution schedule with the content that distributes KRW 9,480,306 to the Plaintiff who is the applicant obligee.

E. The Plaintiff appeared on the date of distribution, and raised an objection to the amount of distribution to the Defendant, and filed the instant lawsuit on August 27, 2019.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 1, Eul 2, 8 and 9 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is the non-party's assertion that is the owner of the real estate of this case.