1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after filing the appeal.

1. Basic facts

A. On November 17, 2011, C drafted a certificate of borrowing (No. 5, hereinafter “the instant certificate of borrowing”) stating that “C borrowed KRW 500 million from the Plaintiff.”

B. On August 1, 2005, C and I provided that “I shall pay KRW 175 million to C by the end of November 2005, but as a guarantee, it shall be agreed that D shall set up a mortgage of KRW 200 million with respect to subparagraph 302 of the third floor moving to the land F on the land of Gangnam-gu Seoul, Seoul, and four parcels, which are owned by D, and on February 10, 2012, as to subparagraph 302 above, it was set up as a collateral security (hereinafter “mortgage”), which is the maximum debt amount of KRW 20 million with himself as the mortgagee, and D as the debtor, as the maximum debt amount of KRW 30 million.”

C. On February 10, 2012, C entered into a contract on the assignment of a right to collateral security (hereinafter “instant contract on the assignment of a right to collateral security”) with the Defendant stating that “C transfers KRW 200 million to the Defendant, which is the instant right to collateral security and its secured claim, to the Defendant.” On the same day, C completed the registration of the transfer based on the instant contract on the instant right to collateral security (hereinafter “instant registration of transfer”).

On January 8, 2013, the distribution schedule was prepared by the Defendant, a collective security right holder of the instant case, to receive KRW 170,044,630 from the voluntary auction procedure (Seoul Central District Court L) based on the instant collective security right, and D raised a lawsuit of demurrer against distribution (Seoul Central District Court 2013Gahap2950).

In a lawsuit of demurrer against the distribution, the first instance court sentenced the judgment that the defendant's dividend amount of KRW 170,044,630 is KRW 167,08,328. While the appeal is pending, the defendant agreed on July 10, 2013 that the amount of KRW 140,000 among D and the defendant's dividends of KRW 167,08,328 shall be divided into D and the remainder shall be divided into D, and D shall file a lawsuit of demurrer against the distribution.