A. On October 13, 2016, D Co., Ltd. (hereinafter “instant company”) borrowed KRW 270 million from E Co., Ltd. (hereinafter “E”), and set up a collateral security (hereinafter “instant collateral security”) with respect to F-owned G Apartment H (hereinafter “instant real estate”) with the obligee E and maximum debt amount of KRW 360 million against the obligee, E and the maximum debt amount of KRW 360 million, Seoul Special Metropolitan City, which is the representative director of the instant company (hereinafter “instant real estate”).

In addition, on May 31, 2018, E transferred the instant loan claims to the Plaintiff.

B. The details of the establishment of the right to collateral security on the instant real estate, including the instant right to collateral security, are as follows.

On March 16, 2005, 16. 96,000,00 E F on October 31, 2007, 2007, FF 31,200,000 E F 3, Nov. 18, 2014, J. 4, 360,000 I Co., Ltd., J. 360,000,000 E on October 13, 2016.

C. On June 7, 2018, E applied for a voluntary auction on the instant real estate based on the instant collateral security, and on June 11, 2018, the voluntary auction procedure (hereinafter “instant auction procedure”) began with respect to the instant real estate to Seoul Central District Court C.

On May 31, 2018, the Plaintiff succeeded to the status of E in accordance with the instant auction procedure as the fourth-class mortgagee in accordance with the asset acquisition agreement with E.

In the instant auction procedure, on July 17, 2018, the Defendant filed a report on the right and made a demand for distribution, asserting that “F, with respect to the instant real estate, the entire real estate was determined as KRW 300 million and leased as the lease deposit.”

E. On August 29, 2019, the said auction court opened the date of distribution of the instant auction procedure, and opened a distribution schedule with the content as indicated below (hereinafter “instant distribution schedule”) with the amount of KRW 401,186,721, which deducts the execution expenses from the proceeds of sale, etc. of the instant real estate, as the actual amount of dividends.