1. Of the instant lawsuits, the part of the claim for expansion of KRW 26,876,712 and the part of the claim for cancellation of the registration of the establishment of chonsegwon shall be dismissed, respectively.

1. Facts of recognition;

A. On June 3, 2013, E leased the entire neighborhood living facilities of the 8th floor of the Gu and America to the Plaintiff at KRW 50 million.

B. On June 3, 2013, the Plaintiff paid KRW 10 million to G Co., Ltd. and KRW 40 million to E.

C. On June 20, 2013, E entered into a lease agreement with the Defendant as to the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant real estate”) with the deposit amount of KRW 500 million, monthly rent of KRW 300,000,000 from June 20, 2013 to June 19, 2015. On June 21, 2013, E completed the registration of the establishment of chonsegwon (hereinafter “instant chonsegwon”) on the instant real estate by contract concluded with the Defendant on June 20, 2013.

On December 29, 2014, the Plaintiff filed a claim for the repayment of the deposit for the lease on a deposit basis with the Daegu District Court 2014Kadan58617, and the said court rendered a judgment on April 2, 2015 that “E shall pay to the Plaintiff the amount of KRW 50 million and the amount calculated at the rate of KRW 20% per annum from January 6, 2015 to the date of full payment,” and the said judgment became final and conclusive on April 24, 2015.

E. As to each real estate listed in the separate sheet, the compulsory auction and the voluntary auction procedure (hereinafter “instant auction procedure”) were in progress (this court C real estate auction and D(Dual) auction), and this court, on August 23, 2016, prepared a distribution schedule that distributes KRW 126,395,041 to the Defendant, who is the person having chonsegwon, who is the right to lease, in the second order (hereinafter “instant distribution schedule”) on the date of distribution implemented on August 23, 2016.

F. On August 23, 2016, the Plaintiff appeared on the date of distribution, and raised an objection against KRW 126,395,041 of the dividend amount against the Defendant among the said distribution schedule, and filed the instant lawsuit on August 29, 2016, which was seven days thereafter.

G. On December 26, 2016, the Plaintiff reduced the claim that “The amount of 126,395,041 won against the Defendant among the above distribution schedule shall be KRW 76,395,041, and the amount of 00,000 won against the Plaintiff shall be corrected to KRW 50,000,000.”

recognized.