A. The Defendant, while lending KRW 4 billion to C Co., Ltd. (hereinafter “C”), completed the registration of creation of mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed 15,111 square meters (hereinafter “instant real estate”) with respect to the amount of maximum debt amount of KRW 4.8 billion in Jeonnam-do, Jeonnam-do, Seoul-do, which is owned by C as security, as the Jeju District Court’s Naju registry office received on July 17, 2015.

B. Meanwhile, E Co., Ltd. (hereinafter “E”) completed the registration of ownership transfer from C on July 17, 2015, which was received on July 17, 2015 by the same registry office, for sale on July 14, 2015.

C. As to the instant real estate, the Defendant filed an application for voluntary auction with the Gwangju District Court F based on the instant collateral security (hereinafter “instant real estate distribution procedure”), and the said court distributed KRW 4.8 billion out of KRW 6,431,536,949, which was actually distributed on June 2, 2016, to the Defendant, and KRW 1,631,536,949, respectively, to E., and the Defendant filed a lawsuit of demurrer to the distribution under the court 2016Kahap1320, the auction court deposited dividends to E as the court 2016Hun-349, Jun. 9, 2016.

On May 11, 2017, the judgment of dismissal was rendered on the lawsuit of demurrer against the distribution on the ground that the Defendant received the total maximum debt amount of the instant mortgage during the instant auction procedure, and the said judgment became final and conclusive as it is.

E. On July 13, 2016, the Defendant filed a lawsuit against E for the revocation of a fraudulent act seeking to transfer the right to claim payment of the instant deposit money to C on the ground that the instant sales contract was a fraudulent act by this court 2016Gahap5822, and was sentenced on July 14, 2017 to the effect that “the right to claim payment of the deposit money is transferred to C” and the said judgment became final and conclusive as is.

F. Meanwhile, the Plaintiff applied for a seizure and collection order against the instant claim for payment of the deposit money under this Court 2017TTT13849, and filed a collection order on September 25, 2017.