2. The costs of lawsuit shall be borne by the Plaintiff.

A. On July 2, 2008, the Changwon-si Livestock Industry Cooperatives (formerly before the modification: Meowon Livestock Industry Cooperatives; hereinafter “Culwon Livestock Industry Cooperatives”) completed the registration of the establishment of a neighboring maximum debt amount of KRW 78,00,000 for one parcel, registered as D, in order to secure a loan claim against D on July 2, 2008.

B. On July 20, 2009, the Plaintiff purchased land amounting to KRW 90,000,000. Of the price, KRW 30,000,000 out of the price shall be paid actually, and the remainder of KRW 60,00,000 shall be substituted by acquiring the obligation to repay the loans to D’s Changwon Livestock Cooperative. The transfer of ownership is entered into a contract with D after two years, and thereafter, the transfer of ownership is registered first to pay KRW 30,00,000 at the price to D around that time in order to secure the obligation regarding the sales contract for D on July 21, 2009, the registration of the establishment of a mortgage amounting to KRW 50,000,000 shall be completed with respect to the land to secure the obligation regarding D.

C. The Defendant, as the former spouse of D, was the Changwon District Court 2014Dhap5051 on December 16, 2014 with respect to the claim for divorce, etc., and the conciliation was concluded on December 16, 2014, and the Defendant had the claim for D with respect to KRW 70,000,000 and damages for delay.

Plaintiff

Since November 2014, while the ownership transfer registration according to the land sale and purchase contract was not completed, the interest on the loan was overdue, the Changwon Livestock Cooperative applied for a voluntary auction on the land to the Changwon District Court C on the basis of the right to collateral security on January 2015, and the plaintiff submitted a bond statement stating the sum of 62,110,000 won as the right to collateral security during the voluntary auction procedure. The land was sold in KRW 152,60,000.

E. On the date of distribution on September 26, 2016, the court of auction held that: (a) out of KRW 149,265,478, the amount to be actually distributed remaining after deducting the enforcement cost from the total amount of the proceeds from sale of land and the interest thereon; and (b) the first priority in order to obtain a 75,22,191, and the second priority in the Changwonup which is the applicant creditor and the mortgagee; (c) 50,000