1. The main part of the lawsuit in this case is dismissed.

2. Busan District Court C real estate auction case.

1. Facts of recognition;

A. On May 10, 2016, the Plaintiff loaned KRW 2.40 million to D the facility fund, setting the expiration date of the credit as of May 10, 2019. On the same day, the Plaintiff completed the registration of ownership transfer (the maximum debt amount of KRW 32 million for the real estate purchased and sold on March 28, 2016, and traded on transaction price of KRW 32 million) on the same day.

B. On June 8, 2017, the Plaintiff filed an application for voluntary auction on real estate (Seoul District Court C). On June 21, 2017, the Defendant filed a report on the right and demand for distribution with the Busan District Court by asserting that he/she is a lessee who paid the lease deposit amount of KRW 40 million.

C. Meanwhile, on the other hand, the Defendant: (a) drafted a lease contract on D and real estate with a deposit amount of KRW 40 million; (b) monthly rent of KRW 500,000; and (c) concluded a lease contract on October 30, 2016, respectively, with a period from October 30 to 24 months; and (d) received a fixed date at the same time as a move-in report on real estate on May 4, 2017.

On May 29, 2018, the Busan District Court distributed the amount of KRW 222,104,882 to be actually distributed out of the proceeds from the sale of real estate to the Defendant, who is the lessee, as the lessee, first distributes the amount of KRW 20 million to the Defendant, who is the lessee, and first distributes the amount of KRW 197,574,72 to the Plaintiff, who is the mortgagee and the creditor applying for the right to collateral security (hereinafter referred to as “instant distribution schedule”). The Plaintiff appeared on the date of distribution and raised an objection against the entire amount of dividends to the Defendant on June 4, 2018, and thereafter filed a lawsuit of demurrer against distribution on June 4, 2018.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 4 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the main claim for confirmation

A. In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is infeasible and dangerous in the Plaintiff’s rights or legal status.