A. On December 20, 2011, the Plaintiff entered into a credit guarantee agreement with Defendant A in relation to general loans for corporate capital (hereinafter “the instant credit guarantee agreement”) from the new interesting branch of the National Bank (hereinafter “the instant credit guarantee agreement”) and issued a letter of credit guarantee on December 19, 2012, with the guarantee amount of KRW 68 million in front of the new interesting branch of the National Bank, and the guarantee period of the National Bank’s guarantee period of December 19, 2012 (the period thereafter extended to December 19, 2013).

B. Defendant A granted a loan of KRW 80,000,000 (which shall be extended from December 19, 2012, to December 19, 2013) from the new interesting branch of the National Bank (the repayment period shall be extended to December 19, 201) on the basis of the said credit guarantee statement as security, but the credit guarantee accident occurred due to the reasons such as the current account book, etc. on July 3, 2013, and the Plaintiff subrogated for the principal and interest of KRW 68,265,237 on July 17, 2013 (=68,000,000).

C. On July 1, 2013, two days prior to the occurrence of the party unit of each of the real estate listed in the separate sheet (hereinafter “instant real estate”), Defendant A entered into a mortgage agreement with Defendant B (hereinafter “instant mortgage agreement”) and completed the registration for the establishment of the mortgage (hereinafter “instant maximum debt”) with the Suwon District Court, Sungwon District Court, and the registration for the establishment of the mortgage (hereinafter “instant mortgage registration”) with the maximum debt amount of KRW 200 million as of July 2, 2013.

At the time of concluding the instant mortgage contract, the instant real estate was the only real estate of Defendant A, and its market price was 696,013,560 won, and thus, it did not reach the total amount of 91,500,000 won from all financial institutions.

E. As the instant real estate was sold at the sale of the instant real estate at Sungwon District Court Sung-nam Branch C real estate auction (hereinafter “instant auction”), the registration of the establishment of the instant mortgage was cancelled due to the acquisition of the instant real estate by transfer of the right to collateral security with a national bank, which is a senior mortgagee, as a senior mortgagee. On May 8, 2014, Defendant B distributed dividends of KRW 160,466,046 to Defendant B.