1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

On March 13, 2012, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter referred to as the “mortgage”) between the Plaintiff and the Defendant and E on March 13, 2012, with respect to the real estate of this case owned by the Plaintiff, the maximum debt amount of KRW 90,00,000,00, and the debtor and the mortgagee as the Defendant and E (hereinafter referred to as the “instant collateral security”).

On January 8, 2014, E completed the registration of transfer of the right to collateral security on the same day with respect to the shares of E in the instant collateral security, and on March 16, 2016, the Defendant completed the registration of partial transfer of the right to collateral security on the ground of the transfer of the instant shares in the instant collateral security to F as KRW 60,000,000 on March 16, 2016.

The Defendant filed an application with Suwon District Court C for voluntary auction of the instant real estate based on the instant mortgage (hereinafter “instant voluntary auction”), and the said court rendered a decision to voluntarily commence auction on October 30, 2015, and on June 2, 2016, the said real estate was sold.

On July 8, 2016, the Suwon District Court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that “The amount to be distributed in actual dividends shall be KRW 173,380, and KRW 29,788,482, and KRW 59,576,964 shall be distributed to the Defendant (the applicant-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage]

(A) On the said date of distribution (hereinafter “instant date of distribution”), the Plaintiff stated that “an objection is raised against KRW 15,00,000, out of the amount of dividend 29,788,482 won against the Defendant on the instant distribution schedule” (Evidence A 2), and filed the instant lawsuit on July 14, 2016, which is seven days or less from the said date.

【In the absence of any dispute, the Plaintiff’s assertion as to the purport and purport of the entire pleadings, and the Plaintiff’s assertion as to March 13, 2012, with the Defendant, on March 2, 2012, of KRW 60,000,000 from the Defendant.