On September 5, 2012, the Plaintiff’s acquisition of the right to collateral security and the registration of the seizure by the Defendant (Dong-ju) on the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) has completed the registration of the creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the land A (hereinafter “instant land”).

On May 15, 2013, the Defendant completed the registration of seizure by the disposition on default on the instant land (hereinafter “registration of seizure”).

The instant right to collateral security was changed to C on October 1, 2013.

On February 19, 2016, the Plaintiff completed the instant registration of collateral security on the ground of the transfer of confirmed claim on the same date.

On March 26, 2015, the auction procedure for the instant land was initiated and the auction procedure was commenced on March 26, 2015 with respect to the instant land upon the application of the Seongbuk Saemaul Depository by the original Defendant, etc., and the Plaintiff, who was transferred the right to collateral security of the instant land, succeeded to the Seongbuk-gu Saemaul Depository.

On July 7, 2016, the auction court distributed KRW 72,405,720 to the defendant (e.g., the bond amount of KRW 72,405,720) who was the holder of the right of delivery (e.g., the mortgage right; KRW 3,510,84,262 to the Korea Savings Bank (the bond amount of KRW 3,510,84,262) which was the holder of the right of pledge right; KRW 3,510,84,262 to the Korea Savings Bank (the bond amount of KRW 3,510,84,262); and the plaintiff (the bond amount of KRW 1,906,136,66; the maximum debt amount of KRW 1,34,65,738) who was the holder of the right of collateral security right

[Ground of recognition] Facts without dispute, Gap 1, 2, and 4 each statement, the purport of the whole pleadings, and the creditor who has an executory exemplification of relevant legal principles, who has seized subsequent to the registration of the decision to commence auction, and the creditor who has the right to demand preferential reimbursement under the Civil Act, the Commercial Act, and other Acts, may receive a distribution only when he/she makes a demand for distribution up to the period of demand for distribution, and in cases where he/she has not made a lawful demand for distribution, the right to demand preferential reimbursement