1. Ascertainment that the right to lease of real estate stated in the Defendant’s attached list does not exist.

2. The costs of lawsuit shall be.

1. On April 8, 2013, the Plaintiff entered into a mortgage contract with respect to the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”) and completed the registration of establishment of collateral security on the same day.

On March 17, 2016, the Seoul Western District Court C rendered a decision to commence the auction of real estate on the instant real estate.

On May 20, 2016, the Defendant submitted the “application for a report on rights and a request for distribution” to the effect that he/she is the lessee who leased the instant real estate with the following content at the above auction procedure.

Rental Contract Date: June 27, 201

Term of lease: from June 21, 201

(c) Lease deposit: 500 million won; and

(d) Date of transfer: May 24, 2012;

Fixed date: May 20, 2016 [The grounds for recognition: the fact that there is no dispute, the entries in Gap evidence 1, 2, and 4 (including paper numbers), and the purport of the whole pleadings];

2. The parties' assertion

A. Considering that the Defendant alleged by the Plaintiff prepared a certificate of free lease of the instant real estate to the Plaintiff, there is no right to lease the instant real estate.

B. The Defendant alleged that the Defendant sold the instant real estate to B and concluded a lawful lease agreement with B while replacing the remainder of KRW 500 million as the lease deposit. As such, the Defendant’s right to lease of the instant real estate exists.

3. In full view of the following circumstances revealed through the respective descriptions of Gap evidence Nos. 3 and 4 (including paper numbers) and the purport of the entire pleadings, it is determined that the defendant's right to lease the real estate of this case does not exist.

The Defendant, on April 2, 2013, prior to the conclusion of the aforementioned contract to establish a collateral security right, stated that the Plaintiff, a mortgagee of the right to collateral security, “I do not have a relationship with B, nor would the Plaintiff claim a right to the deposit for lease at the time of the execution of the right to collateral security.”