1. The Plaintiff’s appeal against Defendant D and Defendant C’s appeal against the Plaintiff are all dismissed.

2. The plaintiff and defendant D.

1. Basic facts

A. On September 15, 2009, the registration of ownership transfer was completed in the name of F on September 15, 2009 with respect to the real estate listed in paragraph (9) of the attached Table in the list of real estate (hereinafter referred to as “instant real estate”), and the registration of creation of a neighboring mortgage (hereinafter referred to as “registration of collateral security”) was completed with respect to the same day G, debtor F, and maximum debt amount of KRW 250 million.

On December 13, 2010, the registration of collateral security was transferred to H under the name of H due to transfer of contract, and was transferred to Defendant D on November 11, 2013 due to transfer of contract.

B. After the registration of ownership preservation was completed on the ground of paragraph (9) on May 31, 2010, the registration of ownership preservation was completed under F’s name on the land of paragraph (1) and on May 31, 2010, the registration of creation of a neighboring mortgage with regard to the instant real estate amounting to KRW 300 million (hereinafter “second neighboring mortgage registration”) was completed on June 3, 2010.

The second collateral mortgage registration was transferred in Defendant D's name on November 1, 2013 due to the transfer of contract.

C. Meanwhile, on the other hand, on December 1, 2010, the establishment registration of a neighboring mortgage, which is KRW 260 million with respect to the real estate of paragraph (9), was completed on December 1, 2010, and the said right to collateral security was transferred under the name of the Plaintiff on July 2, 2012.

On February 26, 2013, upon the application of I, who is the mortgagee of the right to collateral security registration of the second collateral security, the auction procedure for real estate in the instant real estate was commenced on February 26, 2013. Of the amount to be actually distributed on December 10, 2013, the amount of KRW 523,79,439, which is the date of distribution, the amount of KRW 14,000 is distributed to Defendant C and Co-Defendant B as the lessee of the first instance trial, and the amount of KRW 389,128,492 (the registration of the first collateral security right was KRW 89,128,492) is distributed to Defendant D, who is the fourth collateral security holder who has acquired the second collateral security, and the distribution schedule of this case is the content that is not entirely distributed to the Plaintiff as the junior collateral security holder.