1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. In the first instance court, the Plaintiff filed a claim of demurrer against the Defendant and Yeongdeungpo Mutual Savings Banks, and the court of the first instance dismissed all the Plaintiff’s claim.

In this regard, the plaintiff filed an appeal only against the defendant among the judgment of the court of first instance, so the subject of the judgment of this court is limited to the part against the defendant.

2. Basic facts

A. The first priority mortgage in the name of the Defendant, which is the maximum debt amount of 40,000,000 square meters owned by Kimpo-si, Kimpo-si (hereinafter “the instant real property”), the second priority mortgage in the name of Young-jin Mutual Savings Bank, which is the maximum debt amount of 532,00,000, and the second priority mortgage in the name of the Plaintiff, subordinate to each of the said mortgages, respectively.

B. The second-class mutual savings bank, the mortgagee of the second-class collective security interest, filed an application for the commencement of voluntary auction on the instant real estate, etc. owned by the debtor C, the husband of the debtor C, and the auction procedure for the voluntary auction on the instant real estate, etc. commenced as Incheon District Court-Support B (hereinafter “instant auction procedure”).

C. In the instant auction procedure, on August 20, 2013, the auction court: (a) distributed KRW 1,252,400 as a person holding the right to deliver (the pertinent tax) to Kimpo-si with the first priority over the amount to be actually distributed on the date of distribution on August 20, 2013; (b) distributed KRW 40,00,000 to the Defendant, who is a mortgagee, the right to collateral security; and (c) distributed KRW 471,014,904 to the Young-jin Mutual Savings Bank, the right to collateral security, the third priority; and (d) drafted a distribution schedule that did not distribute to the Plaintiff

The Plaintiff appeared on the date of distribution, and raised an objection against KRW 31,90,000 out of the total amount of dividends of the Defendant and the amount of dividends of Yeongdeungpo Mutual Savings Banks, and filed the instant lawsuit on August 26, 2013, which was within seven days thereafter.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

3. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Defendant’s secured debt is all secured claims.