Of the dividend table prepared by the above court on July 14, 2020 with respect to voluntary auction cases of D real estate in Ulsan District Court D, the plaintiff is the plaintiff.

1. Facts of recognition;

A. On February 24, 2016, the Plaintiff is a mortgagee who completed the registration of creation of a right to collateral security (the maximum amount of 130,500,000 won on July 29, 2016) with respect to the building E (hereinafter “instant real property”) in Ulsan-gun, Ulsan-gun, Ulsan-gun.

B. On October 31, 2016, the Defendant leased the instant real estate from G by setting the lease deposit of KRW 25 million, monthly rent of KRW 400,000 (after every 30th payment), from December 1, 2016 to November 30, 2018 (hereinafter “instant lease contract”). The Defendant paid KRW 25 million to G by December 1, 2016, and completed the move-in report as of December 1, 2016.

(c)

On September 5, 2019, on the instant real estate, the procedures for the voluntary auction of real estate (hereinafter “instant auction procedures”) began with the Ulsan District Court D on September 5, 2019 upon the Plaintiff’s request.

(d)

In the auction procedure of this case, the Plaintiff acquired the real estate of this case on May 21, 2020 and completed the registration of transfer of ownership on May 22, 2020.

E. On July 14, 2020, the Ulsan District Court set up a dividend table (hereinafter “instant dividend table”) in order to distribute the sales proceeds of the instant real estate to the Defendant, who is a lessee of the instant small amount, in the first priority order, and to distribute the amount of credit of KRW 107,615,970 among KRW 62,785,090 among the amount of credit of KRW 107,615,970 to the Plaintiff as the mortgagee of the instant claim, in the third priority order.

F. On July 14, 2020, the Plaintiff appeared on the distribution date of the auction procedure of this case and raised an objection against the whole of the Defendant’s dividends, and thereafter filed the instant lawsuit on July 15, 2020.

G. From July 1, 2017 to May 21, 2020, the Defendant did not pay G the aggregate of KRW 13,879,99 for monthly rent under the instant lease agreement.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 6 through 9, the purport of the whole pleadings

2. The allegations by the parties and the determination thereof

A. The summary of the parties' assertion 1) The defendant is voluntary to the plaintiff G in accordance with the instant lease agreement.