A. The Plaintiff is a party 1) On January 9, 2012, the Plaintiff Company D (hereinafter “D”).

(2) No. 306 of the Seoul Special Metropolitan City Etel (hereinafter referred to as the “Utel”).

(2) The Plaintiff leased the deposit amount of KRW 95 million and the period from February 11, 2012 to February 10, 2014. On February 14, 2012, the Plaintiff obtained a fixed date in the foregoing lease contract. The Plaintiff filed a move-in report on June 17, 2013. (2) The Defendant served as the D Management Manager from July 21, 2008 to September 30, 2013.

On January 16, 2013, the Defendant is the second-class mortgagee who completed the registration of creation of the right to collateral security (hereinafter the instant right to collateral security) with respect to officetels of this case as of January 16, 2013.

B. 1) On May 6, 2013, the auction procedure for the instant officetel was initiated on May 6, 2013 with respect to the instant officetel from 301 to 308, including the instant officetel, upon the application of the Duna Agricultural Cooperative, which is the first mortgagee. The application for auction against the instant officetel was withdrawn. The remaining seven officetels were sold. On February 28, 2014, the Plaintiff was awarded a successful bid for KRW 171,00,000 for the instant officetel and completed the registration of the transfer of ownership. 2) On April 24, 2014, the auction court distributed KRW 621,656,674, such as the total sale price.

In relation to the instant case, the auction court distributed KRW 69,304,110 to the Defendant, who is the second secured mortgage, and KRW 10,941,812 to the Plaintiff.

The plaintiff failed to recover the remaining deposit of 84,058,188 won.

C. The Plaintiff, at the date of distribution of the said auction case, raised an objection to the whole amount of dividends against the Defendant, and filed the lawsuit.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, 4, and 12 and the purport of the whole pleadings

2. The parties' assertion

A. The registration of establishment of a right to collateral security under the name of the defendant with respect to the instant officetel 1 is limited to the registration without authority using the corporate seal impression kept by the defendant.