A. On July 7, 199, E Co., Ltd. completed the registration of creation of a mortgage on each real estate listed in the attached list Nos. 6 and 10 of F owned on July 7, 199 with a maximum debt amount of KRW 170 million, the debtor F, and the mortgagee of the right to collateral security (hereinafter “instant collateral security”).

On March 3, 2017, the trade name of the above company was changed to that of G, H, and I, and it was merged with Defendant C corporation.

B. On December 5, 2008, the Plaintiff: (a) completed the registration of creation of a neighboring mortgage that became a maximum debt amount of KRW 100 million, debtor F, and mortgagee; (b) filed an application for auction of real estate with the Cheongju District Court D for the execution of the said right to collateral security; (c) received the decision to commence auction on July 13, 2017; and (d) accordingly, the auction procedure was initiated on the instant real estate.

(hereinafter “instant auction”). C.

On September 14, 2018, the Cheongju District Court, on the date of distribution of the instant auction case, prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content of allocating KRW 38,500,394 to the Plaintiff, a person having the right to demand a distribution (hereinafter “the person having the right to demand a distribution”) in the order of first priority among KRW 282,194,916, which is to be distributed after deducting the execution cost from the proceeds of sale of the instant real estate, and KRW 102,406,795 to E Co., Ltd., a mortgagee, the right to demand a distribution (hereinafter “the person having the right to demand a distribution”) in the order of third priority.

On the date of the above distribution, the Plaintiff raised an objection against KRW 55,601,151 out of the amount of dividends to E Co., Ltd., and thereafter merged the above company, thereby filing a lawsuit of demurrer against the distribution against the Defendant who succeeded to the rights and obligations of the said company.

E. On the date of the above distribution, the non-party company raised an objection to the entire amount distributed to E Co., Ltd., and thereafter filed a lawsuit of demurrer against the Defendant with the Cheongju District Court 2018Da31958, and in the above case.