1. The case of an application for a voluntary auction of real estate A with the Ansan District Court A shall be prepared on October 30, 2014 by the said court.

Basic Facts

On November 13, 2001, the Plaintiff entered into a contract to establish a right to collateral security of KRW 130,000,000 on the maximum debt amount with respect to Nos. 406, 407, and 408 (hereinafter collectively referred to as the “instant real estate”) of the Dongdaemun-gu, Ansan-gu, an aggregate building, An aggregate building between B and B, An aggregate building, and completed the registration of establishment of the first priority right on the following day.

(2) The Plaintiff concluded a loan transaction agreement with B on November 19, 2001, and lent KRW 100,000,000 to the Plaintiff.

On April 11, 2003, the Plaintiff entered into a contract to add the right to a site of the instant real estate as the object of the instant mortgage, and completed the registration on the same day.

The Defendant entered into a contract to establish a right to collateral security of KRW 1,500,000 with respect to the instant real property on April 4, 2008, and for the same month.

7. The establishment of the right to collateral security is completed in the second order.

On February 27, 2009, the Plaintiff entered into a credit transaction agreement with a non-party company (hereinafter “non-party company”) and carried out a loan of KRW 1,160,000,000 for the company’s general fund. The Plaintiff entered into a limited collateral security agreement with the non-party company B and 2 on the present and future obligations owed by the non-party company to the Plaintiff as a general fund loan up to KRW 226,20,000.

On December 5, 2013, the instant real estate was sold from July 30, 2014 to October 14 of the same year after the order to voluntarily commence the auction was issued to Suwon District Court A.

The Plaintiff submitted a claim statement of KRW 161,06,984 in total amount of KRW 111,473,248 and interest KRW 49,593,716.

However, the above court accepted the defendant's assertion that the secured mortgage in this case only guarantees the principal and interest of loan under the above loan transaction agreement with the plaintiff, and subsequently, distributes only KRW 76,166,844 to the plaintiff who is the first secured mortgage, who is the second secured mortgage, and distributes only the remaining 126,474,410 to the defendant who is the second secured mortgage.