1. Of the judgment of the first instance court, the part concerning the claim of the main claim and the conjunctive claim against the distribution shall be revoked;

The plaintiff.

1. Basic facts

A. On December 2, 2010, the Plaintiff was granted a loan of KRW 100,000,000 from the Defendant at 8.1% per annum and interest rate of KRW 20.1% per annum, and as a security therefor, the Plaintiff created a right to collateral security (hereinafter “the instant forest”) against the Defendant’s maximum debt amount of KRW 140,00,000 per annum with respect to C Forest land and 12,992 square meters per annum owned by the Plaintiff (hereinafter “the instant forest”).

B. Since then, the Plaintiff’s delinquency in payment of interest continued, thereby losing the benefit of the deadline, and the Defendant filed an application for the auction of real estate rent on the instant forest land under the Suwon District Court Ansan Branch B, and received a voluntary decision to commence the auction from the said court on October 25, 2012.

C. On December 11, 2013, Suwon District Court: (a) prepared a distribution schedule stating that the debtor and the owner of the instant real estate auction application amounting to KRW 25,69,681; and (b) the Defendant, the mortgagee of the right to collateral security, who is the right to collateral security, distribute the amount of KRW 125,286,601 to the Defendant.

The Plaintiff appeared on the date of distribution, and stated that he/she raised an objection against KRW 95,00,000 among the amount distributed to the Defendant. On December 18, 2013, the Plaintiff filed a lawsuit of demurrer against distribution of the instant case.

E. The Defendant filed an application for the payment of dividends to himself as indicated in the above distribution schedule, and received KRW 33,321,711, excluding KRW 95,000,000, which the Plaintiff stated his objection, and the Plaintiff did not submit documents proving the filing of a lawsuit of demurrer against distribution to the distribution court within one week from the distribution date. The Defendant received KRW 95,023,403,03 of the remaining dividends by filing an application for the delivery of dividends to the above distribution court on December 20, 2013.

F. On the other hand, on October 21, 2013, the Plaintiff filed a registration of establishment of a neighboring building (hereinafter “registration of establishment of a neighboring building”) with the Defendant as the Plaintiff, the maximum debt amount of KRW 50,000,000 with respect to the instant commercial building owned by the Plaintiff, and the Seoul Southern Southern District Court’s registration office (hereinafter “the registration office of establishment of a neighboring building”).

[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2, and Gap evidence 5.