A. A. Around March 2009, the Plaintiff entered into a construction contract with D, which had engaged in a construction project with the trade name “C”, and concluded the instant construction contract with the purport that the metal construction work (hereinafter “instant construction work”) from among the construction works of the gas station located in Yeongdeungpo-gu E in Young-gu, Young-gu will be executed at KRW 231,00,000 for construction cost, and completed the instant construction work.

B. As the Plaintiff failed to receive the instant construction balance from D, the Plaintiff applied for provisional attachment on June 29, 2012 with regard to the Plaintiff’s housing of KRW 112,490,000 and above-ground single-rises (hereinafter “instant real estate”) owned D’s KRW 1,421 square meters and above-ground single-storys (hereinafter “instant real estate”) as the claimed amount of the construction payment claim of KRW 112,49,000. The provisional attachment registration was completed on the same day.

On April 10, 2013, the Plaintiff filed a lawsuit against D for the payment of construction cost as Seoul Central District Court Decision 2012Ga71744, and received a favorable judgment from the above court on April 10, 2013 stating that “D shall pay to the Plaintiff the amount of KRW 112,490,000 and the amount of KRW 6% per annum from November 20, 2010 to March 7, 2013, and the amount of KRW 20% per annum from the next day to the date of full payment.” The above judgment was finalized on April 26, 2013.

C. On August 27, 2012, D entered into a contract to establish the right to collateral security with the Defendant on the instant real estate, and following the conclusion of the contract, D and the Defendant completed the registration of the establishment of the right to collateral security with the obligor D and the maximum debt amount of KRW 170 million (hereinafter “instant right to collateral security”).

Based on the above executory exemplification of the judgment with executory power, the Plaintiff applied for a compulsory auction of the real estate of this case to Suwon District Court B with respect to the real estate of this case, and received a compulsory auction decision from the above court on March 25, 2014.

(hereinafter “instant auction procedure”). E.

In the auction procedure of this case, the above auction court was conducted on June 3, 2015 to the plaintiff, the applicant creditor, among the amount of KRW 202,230,006 to be distributed actually on the date of distribution, 37,291.