1. Of the instant lawsuit, the part concerning the claim of demurrer against distribution related to Daejeon District Court 2016Kadan3153 shall be dismissed.

2...

1. Basic facts

A. On August 4, 2014, between the Plaintiff and the Plaintiff, the Defendant concluded a lease agreement with the Defendant (hereinafter “instant lease agreement”) with respect to the lease deposit amounting to KRW 50 million (the contract amounting to KRW 40 million, the intermediate payment of KRW 310 million, the remainder of KRW 20 million), monthly rent of KRW 17 million (value-added tax), and the lease term of KRW 476.8 square meters (excluding value-added tax), from October 20, 2014 to October 19, 2016 (hereinafter “instant building”).

B. According to the above contract, the Defendant paid the Plaintiff the down payment of KRW 40 million per contract day, KRW 250 million among the intermediate payment on September 1, 2014, and the remainder of the intermediate payment on September 2, 2014.

C. On September 2, 2014, the Plaintiff and the Defendant drafted a notarial deed with the content that “the Plaintiff borrowed KRW 350 million from the Defendant on August 4, 2014, but agreed on September 25, 2014 at the rate of 24% per annum (payment on September 25, 2014)” by a notary public under the E-Law Deed No. 1616, Sept. 2, 2014.

(hereinafter “instant notarial deed”). D.

On October 20, 2014, the Defendant paid the Plaintiff the remainder of the lease deposit amount of KRW 200 million, and operated the telecom with the delivery of the instant site and building from the Plaintiff. On December 15, 2014, the Defendant completed the registration of the establishment of chonsegwon, which is from October 20, 2014 to October 19, 2016, with respect to the instant building, KRW 550 million on deposit for lease on a deposit basis.

E. After that, the voluntary decision on commencement of auction (Seoul District Court F) dated January 12, 2015 and the decision on voluntary commencement of auction ( Daejeon District Court G G) dated April 29, 2015, respectively, were made on the instant site and building at the request of the mortgagee, and the double auction procedure (hereinafter “instant auction procedure”).

F. On June 14, 2015, when the auction procedure of this case was in progress, the Defendant, between the Plaintiff and the Plaintiff, only 3.13 billion won for the instant land and buildings.