A. The 8th floor E of the building in Michuhol-gu Incheon (hereinafter “instant real estate”) was first owned by Nonparty F.

B. On March 5, 2013, the Defendant completed the registration of the establishment of a mortgage (hereinafter “mortgage”) with respect to the instant real estate, the maximum debt amount of KRW 50,000,000, and the debtor F, the establishment of a mortgage (hereinafter “mortgage”).

C. On August 5, 2015, the Plaintiff received a provisional attachment order on the instant real estate from the Seoul Central District Court 2015Kadan1440, the amount claimed to KRW 240,000,000,000. On November 23, 2017, the Plaintiff filed a lawsuit against F and one other for an agreed amount claim under the Seoul East East District Court 2017Kahap184, and was sentenced on November 23, 2017, that “F shall pay the Plaintiff KRW 240,00,000 and its delay damages.” The said judgment became final and conclusive as is.

On November 15, 2016, the auction procedure for the instant real estate (hereinafter “instant auction procedure”) began with the Incheon District Court C, and on February 4, 2018, the Defendant submitted a claim statement to the effect that, (i) the loan claim against F was totaling KRW 79,550,684 (= principal principal KRW 50,000,000 to March 2, 2013 to the date of distribution KRW 29,550,684). On February 19, 2018, the Plaintiff submitted the claim statement to the said court to the effect that, (ii) the agreed amount claim against F was totaling KRW 318,410,958 (= principal KRW 240,000,000 and KRW 78,410,958).

E. On February 26, 2018, the executing court: (a) distributed KRW 27,207,427 to the Defendant on the premise that the Defendant is the person holding the right to collateral security in the second order; and (b) drafted a distribution schedule (hereinafter “instant distribution schedule”) stating that the Plaintiff, the creditor holding the provisional attachment, distributes KRW 0 to the Plaintiff, who is the creditor holding the right to collateral security (hereinafter “instant distribution schedule”).

F. On February 26, 2018, the Plaintiff appeared on the date of distribution, and raised an objection against the Defendant regarding the entire amount of KRW 27,207,427 as to the dividend amount to the Defendant, and filed the instant lawsuit on February 26, 2018, within seven days thereafter.

Grounds for recognition: