A. As to D’s share of 1/12 (hereinafter “instant real estate”), among the 371,107 square meters of land in Geum-gu, Busan, the registration of creation of a collateral security (hereinafter “instant collateral security”) was completed on June 16, 199 on the ground of the contract concluded on June 1, 199 by the Geum-gu Office of Registry of the Busan District Court (17169), “debtor D, mortgagee E, the maximum debt amount of KRW 50,000,000,” and on February 23, 2018, the registration of provisional attachment was completed on February 23, 2018 by the Incheon District Court Decision 2018Kadan3038, the provisional attachment of KRW 382,908,493.

B. On February 14, 2018, the Defendant completed a supplementary registration of the transfer of the right to collateral security on November 3, 2017, on the ground of transfer of confirmed claim.

C. On December 14, 2017, a decision to commence compulsory auction was rendered to Busan District Court G upon the creditor F Co., Ltd.’s application on the instant real estate, and the said auction procedure (hereinafter “instant auction procedure”). D.

On March 28, 2019, the auction court distributed KRW 28,735,649 to the Defendant and KRW 21,264,351 to H limited liability companies, respectively, with the second priority based on the instant right to collateral security, and prepared a distribution schedule to distribute KRW 20,453,815 to the Plaintiff, who is the execution creditor North Korea, the execution creditor of the Plaintiff who is the provisional attachment, and KRW 960,920, and KRW 20,453,815 in the second priority order.

On the other hand, the defendant paid the above dividends of KRW 28,735,649, and H limited liability company paid KRW 21,264,351 on March 28, 2019.

E. On February 26, 2018, the Plaintiff filed an application against D for a payment order claiming the payment of loans, etc., with the Incheon District Court 2018 tea1021, and accordingly, on February 26, 2018, the payment order was issued to the Plaintiff that “the debtor shall pay to the creditor KRW 382,908,493, and delay damages,” and the payment order was finalized on March 20, 2018.

[Ground of recognition] Unstrifed facts, Gap evidence Nos. 1 to 4, and the result of this court's order to submit financial transaction information to I Banks, and arguments.