2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. The Plaintiff filed a payment order with D and E with the Daegu District Court 2005Guj27310 on October 19, 2005, and the above court issued a payment order with the purport that “D and E shall jointly and severally pay to the Plaintiff the amount of KRW 22,467,105 and KRW 13,278,449, calculated at the rate of 25% per annum from August 17, 2005 to the date of full payment,” and the above payment order was finalized on November 18, 2005.

B. On December 2, 1995, with respect to 402 multi-household housing No. 402 owned D, the registration of creation of a mortgage with the National Agricultural Cooperative Federation of the Korea National Agricultural Cooperative Federation, the maximum debt amount of KRW 17 million, and the registration of creation of a mortgage with the maximum debt amount of KRW 50 million on March 27, 1996 was completed on September 28, 2012, and the registration of creation of a mortgage with the maximum debt amount of KRW 50 million was completed on September 30, 2012, F, G, H, and I’s ownership transfer was completed on September 30, 2012.

C. On October 9, 2012, upon the application of the National Agricultural Cooperative Federation, a voluntary decision to commence the auction on the said real estate was rendered by Daegu District Court B, and on August 21, 2013, the distribution schedule was prepared to distribute the amount of KRW 17 million to the Nonghyup Bank Co., Ltd., which is the first-class mortgagee and the applicant creditor of the said auction case, and KRW 23,911,368 to the Defendant, who is the second-class mortgagee, the second-class mortgagee (hereinafter “instant distribution schedule”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. The assertion and judgment

A. Since the Defendant’s secured claim on March 27, 1996 (hereinafter “instant secured claim”) established on the Plaintiff’s assertion on the real estate is the most secured claim, or has already been extinguished due to repayment or completion of prescription, the distribution schedule should be corrected by eliminating the amount of distribution to the Defendant and distributing it to the Plaintiff among the above distribution schedule.

B. First of all, the above secured claim is the most recent claim or reimbursement.