C On May 21, 1997, in order to secure the remaining debt of KRW 10,00,000 for the purchase price of a house for which the repayment period has not been fixed, C concluded a mortgage contract with the Defendant on May 21, 1997, and completed the registration of the establishment of a mortgage (hereinafter “mortgage”) with respect to his own maximum debt amount of KRW 10,000,000, the debtor C and the mortgagee A as to his third-class D No. 301 (hereinafter “the instant real estate”). < Amended by Act No. 8925, May 2, 1997; Act No. 5300, May 22, 1997>

B. On October 29, 2014, the Plaintiff filed a lawsuit seeking reimbursement against C with the Seoul Central District Court 2014Da112239, and was sentenced by the above court to the effect that “C shall pay to the Plaintiff 49,98,090 won and 49,021,000 won among them, 15% per annum from May 16, 2014 to July 6, 2014, and 20% per annum from the next day to the date of full payment.” The judgment became final and conclusive on November 29, 2014.

C. On August 26, 2015, on the date of distribution, on August 26, 2015, the execution court prepared and presented a distribution schedule that distributes the amount of KRW 10,000,00 (100%) to the Defendant, a mortgagee, as a right to collateral security, on which the Plaintiff filed an application for the said judgment with the enforcement title. However, the Plaintiff, a creditor, raised an objection against the whole amount of dividends to the Defendant.

2. Determination:

A. In a case where real estate owned by another creditor was sold in the real estate auction procedure, and the proceeds therefrom had already been completed, and where the debtor did not raise any objection until it was appropriated for the repayment of the obligation, the same shall apply to the creditor who holds the right to collateral security, the debtor was unaware of the progress of the auction procedure.