A. (1) On December 4, 2012, the Plaintiff lent KRW 147,00,000 to D and E couple on a yearly interest rate of 24%.

(2) In order to secure the above loan claims, the Plaintiff completed the registration of the establishment of a neighboring mortgage amounting to KRW 176,400,000 on May 7, 2013, 201, with respect to the Educheon-si F No. 101, 404 (hereinafter “instant real estate”).

(3) Meanwhile, the Plaintiff filed a lawsuit seeking the payment of loans with D and E as the District Court 2014Kahap1505, the Defendant. On July 25, 2014, the said court sentenced D and E jointly and severally to the Plaintiff KRW 128,277,690 and the amount equivalent to 24% per annum from October 16, 2013 to the date of full payment, and the said judgment became final and conclusive as it is.

B. On April 4, 2012, G received the registration of the establishment of a neighboring mortgage (hereinafter “instant mortgage”) with respect to the instant real estate from the Defendant on the basis of the maximum debt amount of KRW 170,000,000, the debtor H Co., Ltd. (hereinafter “H”), the mortgagee G, and the right to collateral security (hereinafter “instant mortgage”). On December 30, 2013, G completed the additional registration of the transfer of the right to collateral security based on the transfer of the confirmed claim to the Defendant.

C. On January 22, 2014, the Defendant filed an application for the auction of real estate rent with the Jung-gu District Court C on the basis of the instant right to collateral security. On October 20, 2014, the said court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 231,922,694, which is the amount to be actually distributed as of October 20, 2014, shall be distributed to the Defendant, who is the secondary right to collateral security, the secondary right to collateral security (hereinafter “the Defendant”), who is the primary right to collateral security, shall be the secondary right to collateral security (hereinafter “instant distribution schedule”).

The Plaintiff raised an objection to the whole amount of dividends to the Defendant, as it did not receive the distribution on the date of distribution, and filed the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 11 (including partial number), the purport of whole pleadings.

2. The assertion and judgment

A. (1) The Plaintiff’s assertion is the instant right to collateral security.