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

A. The Plaintiff lent KRW 100,000,00 to C on July 29, 2008, and, in order to secure the above loan claim, was granted the right to collateral security (hereinafter “instant real property”) of KRW 130,00,000 with respect to the entire share of C in the land and its five-story building and E site owned by C, as to the same maximum debt amount.

B. However, upon C’s delay in the performance of the above loan obligation, the Plaintiff filed an application for an auction on the instant real estate, and the voluntary auction was commenced to Gwangju District Court Wood Branch B (hereinafter “instant auction”). On December 4, 2014, the said court drafted a distribution schedule as follows.

The first priority is the lessee (house, the first priority repayment), the person holding the right to deliver (the corresponding tax), and the lessee (the highest priority repayment).

(Voluntary entry is omitted). (c)

The Plaintiff appeared on the date of distribution of the auction of this case and raised an objection against the amount of KRW 2,170,960 out of the amount of distribution to the Defendant.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including branch numbers), and the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff submitted a claim statement of KRW 115,868,493 as a senior mortgagee on the date of distribution of the instant auction, but was paid out only KRW 113,697,533 in short of KRW 2,170,960.

If so, the amount of dividends to the defendant who is a junior right holder shall be reduced to KRW 2,170,960 out of KRW 44,350,256, and the amount shall be additionally distributed to the plaintiff who is a senior right holder.

3. In an auction procedure for exercising a judgment security, where an applicant creditor has filed an application for auction with only a part of the secured claim as the claim amount, barring any other special circumstance, the claim amount by the applicant creditor shall be determined to the extent of the claim amount stated in the application for auction, and thereafter, the claim amount by the method such as expanding the claim amount in the account statement by the applicant creditor and submitting it, but this legal principle shall not