1. Of the distribution schedule prepared on May 15, 2019 by the above court with respect to the distribution procedure C case of Busan District Court Western Branch C.

1. Basic facts

A. On September 22, 2004, the Plaintiff, the owner of each real estate listed in the separate sheet, entered into a contract with D to sell the said real estate (hereinafter “instant contract”). On the same day D paid the Plaintiff KRW 200,000,000 as the down payment.

Meanwhile, Article 2 of the contract of the sales contract of this case provides that "if the seller has terminated the contract, he/she shall compensate the buyer for the amount double the down payment and the buyer has cancelled the contract, the down payment shall be null and void and shall not claim the return of the down payment."

B. In order to secure the return of the down payment to D, the Plaintiff completed the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) with regard to each real estate listed in the attached list as the maximum debt amount of KRW 200,000,000, and the registration of the vice branch of the Busan District Court D, the mortgagee of the right to collateral security, as well as the registration of the establishment of the right to collateral security (hereinafter “mortgage”).

C. Meanwhile, on December 17, 2004, the Defendant agreed with D to purchase shares in the name of D E among the real estate listed in the attached list No. 1 of the attached Table No. 1, and paid KRW 190,000,000, but the above sales contract was rescinded due to D’s impossibility of performance.

Accordingly, the Defendant received the Busan District Court Decision 2007Kadan17510 and Busan District Court 2013Kadan20182 with respect to the claim of the instant collateral security on the real estate stated in the attached list No. 1, and received the Busan District Court Decision 2006Kahap2088 and Busan District Court 2013Kadan20182 with respect to the claim of the instant collateral security on the real estate stated in the attached list No. 2.

E. The Defendant filed a payment order against D to claim the refund of KRW 190,000,000 for the reason of the cancellation of a sales contract, and issued a payment order from the Busan District Court on May 22, 2013. The above payment order became final and conclusive on June 18, 2013.

F. However, the instant sales contract between the Plaintiff and D is legitimate.