A. The plaintiffs are co-owners of Kimpo-si G Apartment and H (hereinafter "the apartment of this case"), and on November 9, 2006, with respect to the apartment of this case, the debtor I established the first priority right to collateral security with regard to the apartment of this case as the mortgagee and the maximum debt amount of KRW 120 million.

On March 15, 2017, Plaintiff A created the right to collateral security with a maximum debt amount of KRW 67,50,000 with respect to his/her share of KRW 1/2, and the right to collateral security with a maximum debt amount of KRW 24 million with Defendant C on June 2, 2017.

B. On November 10, 2017, Defendant C received a decision to commence a voluntary auction procedure (this court K) with respect to Plaintiff A’s share of co-ownership, but would not have any surplus if it was appropriated for senior collateral security, etc. on August 14, 2018. According to the evidence No. 63,885,349, Defendant C’s first priority collateral security claim of the KJ, the principal amount of which is KRW 63,11,762, interest (including interest in arrears) is KRW 773,587.

On October 19, 2018, after completing the registration of transfer of the foregoing right to collateral security on October 19, 2018 due to the transfer of the confirmed claim, the voluntary decision to commence auction (hereinafter “voluntary auction”) was re-written on October 30, 2018 on the entire apartment of the instant case, and the said K voluntary auction application was withdrawn on November 22, 2018.

C. On July 18, 2019, on the date of distribution of the instant voluntary auction procedure, the distribution schedule was formulated for distributing KRW 75,623,500 to Defendant C as the first-class mortgagee of the entire apartment complex of this case, and the amount of KRW 65,928,581 as the mortgagee of the Plaintiff’s joint ownership shares to Defendant D. The Plaintiffs stated an objection to the dividend against the Defendants, and filed the instant lawsuit on July 24, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 8, Eul evidence Nos. 14 and 15, the purport of the whole pleadings

2. Claim against Defendant C

A. The plaintiffs' assertion C made a demand for distribution by calculating the annual interest rate of 19% after paying by subrogation the debt to the J. In addition, the defendant C made a demand for distribution.