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

A. On May 19, 201, the Defendant entered into a mortgage agreement with Nonparty C on the establishment of the right to collateral security (hereinafter “instant right to collateral security”) with the content of establishing the right to collateral security (hereinafter “instant right to collateral security”) with respect to the D apartment 114, 201-dong 201 (hereinafter “instant apartment”), which is owned by Nonparty C, with the maximum debt amount of KRW 180,00,000,000, the debtor C and the mortgagee as the Defendant. On the same day, the Defendant completed the registration of the establishment of collateral security (hereinafter “instant apartment”).

B. On May 20, 201, the Defendant entered into a loan agreement with C, ① general loans of the subject of loan (certificate loan), KRW 150,000,000 (hereinafter “first loan”), ② self-reliance deposit loan of the subject of loan (certificate loan) and KRW 20,000,000 (hereinafter “second loan”) and carried out the loan under the above contract on the same day.

C. On September 27, 2012, the Plaintiff purchased the instant apartment from C, and completed the registration of ownership transfer by the Daegu District Court No. 43094, Oct. 4, 2012.

On July 2, 2013, the Daegu District Court, upon the Defendant’s application, rendered a voluntary decision to commence the auction on the instant apartment on July 2, 2013, and, on December 19, 2013, distributed KRW 211,911,135 to the Defendant, who was the first priority, KRW 180,000, KRW 2000,000, and KRW 11,911,135 to the Plaintiff, the third priority, who was the Plaintiff (hereinafter “instant distribution schedule”).

E. The Plaintiff appeared on the date of distribution of the said auction case, and raised an objection against KRW 36,300,000 out of the Defendant’s dividend amount.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 11, Eul evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s second loan of this case is a credit loan, and is not included in the secured debt of the instant right to collateral security, and thus, is distributed to the Defendant.