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

A. On January 18, 2016, Nonparty E purchased a 7-story building on the ground (hereinafter “instant building”) of Busan Shipping Daegu and four parcels (hereinafter “instant building”) from G and H (ownership of 1/2 shares), and completed the registration of ownership transfer on March 10, 2016.

B. The mortgage or provisional registration related to the building of this case is indicated in the following table:

On January 29, 2016, the receipt number of which is the mortgagee/holder of the right to collateral security, and the maximum amount of debt, which is 1.2 billion won of the IF 1.2 billion won of the G E 10188 G E 150 million won of January 29, 2016, shall complete the registration of transfer of ownership, and the cancellation shall be made by confusion with the E 150 million won of March 28, 2016. < Amended by Presidential Decree No. 28034 E C 150 million won of April 28, 2016, Act No. 2727, Apr. 31, 2016; Presidential Decree No. 27015, Jul. 22, 2016>

C. On June 4, 2018, I applied for voluntary auction to Busan District Court Branch DD branch, and on June 4, 2018, the same court prepared a distribution schedule to distribute the remaining 122,138,879 won to the Defendant, a mortgagee, who was the mortgagee, to the Defendant on March 38, 2016.

On the date of the above distribution, the Plaintiff raised an objection against the distribution amount of KRW 150 million against the Defendant.

[Ground of recognition] Unsatisfy, entry of evidence A1, 2, and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion: (a) lent KRW 100 million to E on April 5, 2016; (b) completed provisional registration; (c) paid KRW 30 million upon E’s request; and (d) revoked the provisional registration on July 22, 2016; and (c) received the establishment of a right to collateral security.

However, E borrowed money from the plaintiff and confirmed that there was no mortgage other than financial institutions in the building of this case.

In addition, the reason for the establishment of the Defendant’s right to collateral security on the registry is the contract concluded on March 7, 2016, and the loan certificate submitted by the Defendant during the auction procedure is the same as before March 10, 2016 that E acquired the ownership of the instant building and it is difficult to believe that it lends money without being established the right to collateral security.