A. The Plaintiff is a person who operates a credit business under the trade name of D, and the Defendant is a party to the network E (hereinafter “the network”).

The Deceased died on May 3, 2018.

B. On October 10, 2017, the Plaintiff entered into a loan transaction agreement between the deceased and the deceased for a loan of KRW 60,000,000, interest rate of KRW 2.325%, and October 10, 2020 (hereinafter “instant loan agreement”).

(2) On the same day, the Plaintiff transferred KRW 60,00,000 to F’s deposit account on the date of the conclusion of the instant loan agreement, and on the same day, the Plaintiff was granted the registration of the right to claim for ownership transfer in order to secure the above loan claims against the Plaintiff.

C. On October 10, 2017, the Defendant: (a) entered into a lease contract with the Deceased on the second floor of the instant real estate with the lease deposit for the lease deposit of KRW 50,000,000; and (b) from October 20, 2017 to October 19, 2019; and (c) received a fixed date after completing the move-in report with the domicile of the instant real estate.

1) The Plaintiff filed an application for auction and a demand for distribution of ownership transfer right to each of the instant real estate, based on the registration of the provisional right to claim ownership transfer right, and the decision to commence the auction of real estate was rendered on April 19, 2018 ( Daejeon District Court Branch C, Daejeon District Court Branch C, and hereinafter “instant auction”).

(2) On May 14, 2018, the Defendant reported the right based on the right of lease and made a demand for distribution to the auction court of this case.

E. The instant auction court, as the first priority lessee on August 14, 2019, distributes either KRW 17,000,000 to the Defendant, as the second priority lessee, KRW 413,270, and the third priority (which is the mortgagee of the collateral security interest, the amount of KRW 214,61,620 to the H union) to the Defendant, respectively.