A. The Plaintiff is a company whose main business is to invest and trade in real estate, and D, the representative director of the Plaintiff, is also a non-party E Co., Ltd. (hereinafter referred to as “E”) and the non-party F Co., Ltd. (hereinafter referred to as “F”). Non-party G and the non-party H worked as the director and the head of each of the above companies, respectively.

B. Meanwhile, on the other hand, on May 12, 2009, the registration of the establishment of the collateral security (hereinafter “instant real estate”) was completed with respect to the real estate indicated in the attached list (hereinafter “instant real estate”) by the Cheongju District Court No. 10645, the registration of the establishment of the collateral security (hereinafter “the creation of the collateral security”) with respect to the amount of maximum debt amount of KRW 390,000,000, the debtor, the plaintiff, and the mortgagee H), and thereafter, the registration of the establishment of the collateral security (hereinafter “the establishment of the collateral security”) was completed on November 23, 201, G, and December 30, 2013.

C. However, on June 22, 2015, the distribution schedule was prepared by the Defendant to receive KRW 128,190,057 from the date of distribution of the auction in the above auction case, which was held on June 22, 2015, the Plaintiff raised an objection against the entire dividend amount of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 9, Eul evidence No. 2 (including provisional number), the purport of the whole pleadings

2. The parties' assertion

A. The registration of the establishment of a mortgage of the Plaintiff’s assertion does not have any legal act establishing the secured debt. Moreover, even if the secured debt of the household exists, the registration of the establishment of a mortgage of the instant case was completed in the third party, not the creditor, so the registration of the establishment of a mortgage of the instant case is null

Therefore, in the auction procedure of this case.