1. Promissory notes No. 582, 2013, issued by a notary public E-office against the Plaintiff (Counterclaim Defendant) of the Defendant (Counterclaim Plaintiff).

1. Facts of recognition;

A. On February 18, 2013, Defendant D, his father and wife of Defendant B, concluded a lease on a deposit basis (hereinafter “instant lease on a deposit basis”) with Defendant C during the period from March 25, 2013 to March 25, 2015 with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”).

On March 25, 2013, Defendant D completed the registration of the establishment of a right to lease on a deposit basis as stated in the purport of the principal claim on the ground of the contract to establish a right to lease on a deposit basis.

B. On April 2, 2013, Defendant B issued to the Plaintiff a promissory note amounting to KRW 165,200,000 at face value, and on May 1, 2013, Defendant B issued and delivered a promissory note No. 582 (hereinafter “instant promissory note No. 1”) with respect to the said promissory note to the Plaintiff on May 1, 2013.

C. On March 3, 2014, the Plaintiff, based on the monetary claim (165,200,000 won) based on the authentic copy of the instant promissory note against Defendant B, issued a seizure and collection order (hereinafter “instant collection order”) with respect to KRW 70,00,000,00 of the deposit return claim for the instant real estate against Defendant B, as the Suwon District Court Branch Branch Branch Branch Branch Branch of 2014TT4765.

The collection order of this case was served on March 7, 2014 to Defendant C.

[Grounds for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3, Eul evidence 6, the purport of the whole pleadings]

2. Determination as to the principal lawsuit

A. The summary of the Plaintiff’s assertion is that Defendant D received a deposit for lease on a deposit basis from Defendant B, and concluded a contract to establish a lease on a deposit basis with Defendant C, and completed the registration of the establishment of a lease on a deposit basis under

This is a so-called contract title trust, and the contract to establish a right to lease on a deposit basis and its registration are null and void pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name. Thus, Defendant D is obligated to cancel the registration of the right to lease on a deposit basis, and Defendant B is obligated to deliver