A. The Defendant concluded a mortgage contract with the Plaintiff regarding the real estate indicated in the separate sheet (hereinafter “instant real estate”), and completed the registration of establishment of a mortgage (hereinafter “second collateral mortgage”) between the Plaintiff and the Plaintiff as the Samcheon District Court’s Samcheon District Court’s receipt of No. 1687 on February 21, 2008, with the maximum debt amount of KRW 20,000,000, the Plaintiff, and the Defendant’s establishment of a mortgage (hereinafter “first collateral mortgage”), and the Plaintiff’s establishment of a mortgage (hereinafter “second collateral mortgage”) as the record No. 5696 on May 21, 2009 as the record of May 21, 2009.

B. On October 17, 2013, the Defendant filed an application for voluntary auction of the instant real estate with respect to the instant real estate on the basis of each of the foregoing collateral security rights. Accordingly, in the case of the Gangwon-do District Court C real estate auction of Gangwon-gu District Court, the said court distributed KRW 50,00,000 to the Plaintiff, who is the mortgagee of the right to collateral security, and prepared a distribution schedule that distributes surplus 60,513,587 to the Plaintiff (hereinafter “instant distribution schedule”).

C. On February 23, 2015, the Plaintiff raised an objection against the original copy of the distribution schedule prepared by the said court, and filed the instant lawsuit on March 2, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, and 7, the purport of the whole pleadings

2. The parties' assertion and judgment

A. Plaintiff (1) borrowed KRW 20,000,000 from the Defendant on October 20, 2007 from the Defendant, and (2) borrowed KRW 30,000,000 on May 12, 200, and (30,000 on May 12, 200, the Plaintiff issued the second collateral security to the Defendant.

B. The Plaintiff’s husband and wife and the Defendant have made several monetary transactions in addition to the above loan transactions. On March 20, 2013, the Plaintiff’s husband and wife and the Defendant settled the claims and obligations between the Plaintiff’s husband and the Defendant at KRW 6,00,000, and the Plaintiff’s husband and wife paid KRW 5,500,000 to the Defendant according to the above settlement agreement.

Article 22(1) of the Civil Act provides that the Defendant shall pay 500,000 won for the remainder of the respective collateral security obligations to the Defendant.