A. On June 12, 1990 regarding the instant real estate on the ground of the contract to establish a mortgage on May 28, 1990, F completed the registration of the establishment of a neighboring mortgage with the debtor G, the mortgagee H, and the maximum debt amount of KRW 9.8 million on the ground of the contract to establish a mortgage on June 12, 1990, in order to secure a specific monetary obligation (the contents and amount of the accurate debt cannot be known) to G H.

In addition, on April 8, 1994, the defendant completed the registration of transfer of the right to collateral security in the name of the defendant on the ground of the assignment of the right on February 24, 1994.

(hereinafter “instant collateral security”). B.

The Plaintiff purchased the instant real estate from F on April 4, 1989, and completed the registration of ownership transfer in the name of the Plaintiff on July 8, 2004.

Afterward, the Plaintiff borrowed 50 million won from D on June 2004, and entered into a mortgage agreement with D on June 30, 2004, and completed on July 8, 2004, the establishment registration of a neighboring mortgage amounting to 50 million won in the name of D with respect to the instant real estate.

C. D, as a mortgagee and creditor, applied for a voluntary auction of the instant real estate as to the instant real estate, and received a decision to commence a voluntary auction on December 17, 2013.

(The Daejeon District Court Ed. C).

On November 14, 2014, the court of execution prepared a distribution schedule with the content that distributes the amount of KRW 17,320,00 to D, who is the mortgagee of this case, in the first order of priority among the amount to be actually distributed on the date of distribution of the above real estate auction case, KRW 30,92,409, and KRW 17,320 to the defendant, who is the mortgagee of this case, and KRW 9,80,000, and KRW 21,175,089 to D, who is the applicant creditor, in the second order.

(hereinafter “instant distribution schedule”). The Plaintiff, a debtor and owner, appeared on the said distribution date, raised an objection against the total amount of dividends to the Defendant, and filed the instant lawsuit on November 19, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, pleading.