1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The plaintiff's assertion

A. The Plaintiff has a claim against C for the refund of deposit for lease amounting to KRW 99 million.

B. On June 20, 2012, C completed the registration of the establishment of a right to lease on a deposit basis with the maximum debt amount of KRW 70,50,000 and the registration of the establishment of a right to lease on a deposit basis, with respect to the real estate listed in the attached list (hereinafter “instant real estate”). D transferred the right to lease on a deposit basis and the right to lease on a deposit basis to the Defendant on April 9, 2014, and completed the registration of the transfer of the right to lease on a deposit basis and the right to lease on a deposit basis on April 14, 2014.

C. However, D loaned KRW 47 million to C on June 20, 2012, and completed the registration of establishment of a right to collateral security and right to collateral security as above. As such, D’s claim on collateral of the right to collateral security is merely KRW 47 million and there is no claim for return of the right to collateral security.

Nevertheless, the Defendant, who received the above right to collateral security and right to lease on a deposit basis from D, filed an application for a demand for distribution on the premise that he/she had a claim of KRW 70,500,000,000 in the auction procedure of the instant real estate, and received the distribution on the premise that he/she had a claim of

2. Determination

A. Comprehensively taking account of the statements in Gap evidence Nos. 1, 6, and 9, the auction procedure was initiated on December 19, 2013 with respect to the real estate of this case (U.S. District Court Ansan support E). On March 9, 2015, when the above auction procedure was distributed to the defendant on March 9, 2015, the amount of KRW 70.5 million based on the above right to collateral security and KRW 30 million based on the above right to collateral security was distributed, the plaintiff filed a lawsuit of demurrer against the defendant (S. District Court Ansan support 2015da102581).

B. The lawsuit of confirmation is permitted when there is infinite danger in the Plaintiff’s rights or legal status, and the judgment of confirmation is the most effective and appropriate means to resolve the dispute.

In this case, the plaintiff is in accordance with the judgment of the lawsuit of demurrer against the defendant.