Of the dividend table prepared on December 27, 2019 by the above court with respect to the auction of real estate C in Incheon District Court, the defendant is the defendant.

1. Basic facts

A. On October 6, 2017, the Defendant entered into a lease agreement with F, the owner of the second floor E (hereinafter “instant real estate”), and with respect to the said real estate in a type G G, with the lease deposit of KRW 50 million, the lease deposit of KRW 50 million from October 27, 2017 to October 26, 2019 (hereinafter “instant lease agreement”), and paid the lease deposit, and thereafter paid the lease deposit, and thereafter completed the move-in report and received the move-in report from F at that time, and received the fixed date.

B. H purchased the said real estate from F on December 19, 2017 and completed the registration of ownership transfer, and succeeded to the lessor’s status under the instant lease agreement.

C. On May 2, 2018, the Plaintiff lent KRW 40 million to H. On May 2, 2018, H completed the registration of creation of a mortgage over the instant real estate amounting to KRW 60 million with respect to the Plaintiff on May 3, 2018.

On the other hand, on May 3, 2018, the Defendant drafted a written confirmation to the Plaintiff, stating that “The lease contract was concluded at KRW 500,000 for monthly rent of KRW 3 million with respect to the instant real estate” (hereinafter “instant written confirmation”).

E. Upon the Plaintiff’s application, the Incheon District Court C opened the auction procedure on the instant real estate (hereinafter “instant auction procedure”), and the Defendant asserted on June 11, 2019 that the lease deposit was KRW 50 million, and filed a report on the right and demand for distribution.

F. On December 27, 2019, the auction court prepared a distribution schedule that distributes the amount of KRW 26,127,406 to the Defendant, among the amount of KRW 52,254,812 to be actually distributed on the date of distribution of the instant auction procedure, and KRW 25,336,016 to the Plaintiff (hereinafter “instant distribution schedule”).

G. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 22,343,983 out of the dividend amount against the Defendant, and filed the instant lawsuit within one week thereafter.

[Ground of recognition] dispute.