A. On December 8, 2014, A is the husband of G who is a woman of A.

Between the Defendant and the Plaintiff, the Plaintiff entered into a mortgage agreement with the maximum debt amount of KRW 150 million (hereinafter “mortgage agreement”) with respect to four parcels, including E forest land E, 179 square meters (hereinafter “instant real estate”), and completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) on the same day.

B. On May 1, 2015, with respect to the instant real estate, the Suwon District Court (hereinafter “instant auction procedure”) started the auction procedure for D real estate auction (hereinafter “instant auction procedure”) upon the application of the Sejong Saemaul Community Depository, a senior mortgagee of the instant real estate.

C. Meanwhile, on January 13, 2015, A filed a petition for bankruptcy with the Suwon District Court 2015Hadan173, which was declared bankrupt on October 23, 2015, and on the same day, A was appointed as a trustee in bankruptcy. The list of creditors submitted by A at the time stated KRW 671,134,363, including the total amount of debt 25 members against the Defendant.

On January 15, 2016, the court of execution, out of KRW 128,970,076, the amount to be actually distributed on the date of distribution of the auction procedure in the instant case, distributed KRW 47,181,685 to the 1st applicant Saemaul Bank, the Defendant, as the second mortgagee, the remainder of KRW 81,78,391 to the Defendant, and Nonparty F, the Plaintiff and the general creditor, raised an objection against the total amount of the Defendant’s dividends on the said date of distribution.

After filing a lawsuit of demurrer against the said distribution, F filed a lawsuit of demurrer against the distribution with this Court 2016Ga2730.

[Ground of recognition] Facts without dispute, Gap 1-5 statements, Gap 1-5 witness Gap's witness's testimony, the purport of the whole pleadings

2. Judgment on the main claim

A. 1 Plaintiff’s assertion of both parties, A, despite the absence of a secured obligation against Defendant, entered into a mortgage contract concerning the instant real estate and the Defendant on the same day.