A. 1) On September 21, 2017, when the mortgagee F filed an application for voluntary auction against each real estate listed in the separate sheet, which was owned by D and E, on September 21, 2017, the registration of the decision to commence auction was completed on the same day. After that, on June 27, 2018, the registration of the transfer of ownership in H was completed on the same day as the sale due to voluntary auction (hereinafter “each real estate listed in the separate sheet”) and the auction was completed on December 19, 2017. Meanwhile, on December 19, 2017, the Defendant submitted a report on the right of retention to secure a lien claim equivalent to KRW 360,00,000 as the cost of removal and civil construction with respect to each real estate of this case.

3) On July 26, 2018, the date of distribution of the instant auction procedure, Plaintiff A received dividends of KRW 139,216,473 as a mortgagee of the amount of credit 185,138,888 (the maximum amount of credit 150,000,000). Plaintiff B received dividends of KRW 203,027 in the order of priority as a mortgagee of the amount of credit and maximum amount of credit 300,000,000. 4) The appraisal value of each of the instant real estate conducted during the instant auction procedure was 2,615,073,980 won, but the minimum auction price was 1,281,386,000 won after two or more failed, and eventually sold to H in the said order at KRW 1,467,80,000.

B. After the progress of the relevant civil and criminal case, J, one of the representative directors of the defendant, who is the actual manager of the defendant, was indicted for the obstruction of auction by the High Court 2018Kadan2846 decided July 4, 2019, and was sentenced to a judgment of conviction for two years of suspended execution on July 12, 2019. The summary of the crime is as follows (hereinafter referred to as "relevant criminal judgment").