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A. The Plaintiff is a company whose main business is to invest and trade in real estate. C, the representative director of the Plaintiff, is also a D Co., Ltd. (hereinafter “D”) and a person who actually runs a stock company E, which is engaged in business such as investment in real estate.

F and G (F) worked for each of the above companies as directors and chiefs.

B. On May 12, 2009 regarding the real estate listed in the separate sheet, owned by the Plaintiff (hereinafter “instant real estate”), the registration of the establishment of a neighboring mortgage was completed by the Cheongju District Court (the maximum debt amount of KRW 390,000,000,000, the debtor, the Plaintiff, and the mortgagee G) (hereinafter “the registration of the establishment of a neighboring mortgage”), and the said right to collateral security was subsequently transferred in sequence to the Defendant on November 23, 2011 through a supplementary registration for the transfer of the right to collateral security (hereinafter “the instant right to collateral security”). < Amended by Presidential Decree No. 24264, Dec. 30, 2013>

C. On June 22, 2015, the Cheongju District Court, Q real estate auction procedure (hereinafter “instant auction procedure”) with respect to the instant real estate, the distribution schedule was formulated with the content that distributes KRW 128,190,057 to the Defendant in the order of 1,272,170, and the second order of 128,270,000,057, respectively (hereinafter “instant distribution schedule”), and the Plaintiff raised an objection against the Defendant’s entire distribution amount.

On the other hand, the registration of the establishment of the creation of a neighboring mortgage and the registration of each transfer was cancelled on July 22, 2015 on the grounds of “sale by auction”.

[Ground] In the absence of dispute, evidence Nos. 1, 7, and 20 of the 2016Na1593 Case A, and evidence Nos. 1, 7, 20 and 4 of the 2016Na1593 case, “No. 2016Na1593 case” are written only without the above case number being omitted;

Each entry of evidence Nos. 1 and 3 in 2016Na10170, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's gist of the plaintiff's assertion is that C, a representative director, cannot attend the real estate transaction site every time, and therefore, R, a chief of the management department.