A. D around August 7, 2015, in order to secure KRW 30,000,000 borrowed from the Defendant, D completed the registration of creation of a neighboring mortgage of KRW 30,000,000 (hereinafter “instant one mortgage”) with respect to the land and buildings owned by the Defendant in Gyeyang-gu, Seoyang-gu, D (hereinafter “instant one real estate”) with respect to the establishment of a mortgage of KRW 30,00,000 with respect to the maximum debt amount (hereinafter “instant one mortgage”) as of August 10, 2015, with respect to the registration of creation of a mortgage of KRW 30,000,00 with respect to the land and buildings owned by the Defendant (hereinafter “instant two real property”) and the amount of KRW 72033,00,000 with respect to each of the instant two real property (hereinafter “the instant mortgage”).

B. On November 30, 2016, the Defendant demanded the distribution of KRW 30,000,000, based on the instant 1-mortgage in the case of Goyang-gu District Court Goyang-Support I real estate auction with respect to the instant real estate 1, and received the total amount of KRW 30,000,000 as a mortgagee.

C. The Plaintiff filed a payment order with D and received a payment order with the Suwon District Court Decision 2016 tea6903 (hereinafter “D”) that “D shall jointly and severally pay the Plaintiff KRW 239,987,334 and any delay delay damages for KRW 238,931,321,” and the said payment order was finalized on January 26, 2017.

In the distribution procedure of the Goyang Branch B and C (Dual) real estate auction case concerning the instant 2 real estate, the said court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 140,490 out of KRW 267,667,99, which is to be actually distributed on February 2, 2017, shall be distributed to the first Preferred Co., Ltd. (the holder of the distribution right), 247,601,941, which is to be distributed to the Defendant (the mortgagee), 19,915,568, which is to be distributed to the Defendant (the mortgagee).

E. The Plaintiff appeared on the aforementioned date of distribution and stated the full amount of KRW 19,915,568 against the Defendant as to the amount distributed to the Defendant, and filed a lawsuit of demurrer against distribution on February 7, 2017, within one week thereafter.