1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. D completed the registration of ownership transfer on April 17, 2015 with respect to power-driven vessels C, the gross tonnage of which is 29 tons (hereinafter “instant vessel”). On April 24, 2015, D completed the registration of creation of a mortgage with the maximum debt amount of KRW 1.3 billion on April 24, 2015, and completed the registration of creation of a mortgage with the maximum debt amount of KRW 524,40,000 to the Plaintiff on May 4, 2015.

B. After that, on July 22, 2015, the Plaintiff filed an application for voluntary auction on the instant vessel, and received a decision to commence voluntary auction on the same day (Yanju District Court Decision E), and the inshore Promising Fisheries Cooperatives also filed an application for voluntary auction on the instant vessel on March 22, 2016, and received a decision to commence voluntary auction on March 23, 2016 (Yanju District Court Branch Branch SupportF) (hereinafter “instant auction procedure”). Accordingly, the Plaintiff conducted voluntary auction procedure on the instant vessel (hereinafter “instant auction procedure”).

C. The date of sale of the instant auction procedure was designated as 10:00 on May 9, 2016, and the Plaintiff, a certified judicial scrivener, delegated the Defendant, who is a certified judicial scrivener, to prepare and submit a fixed date bid list of KRW 1.52 billion, wherein the Plaintiff, who is a certified judicial scrivener, prepared and submitted the fixed date bid list on the date of sale, but the Defendant did not enter the Plaintiff’s name, resident registration number, and address, which are the delegating agent attached to the fixed date bid list, and did not affix the Plaintiff’s seal.

In the instant auction procedure, the said fixed bid list submitted by the Defendant was invalid on the grounds of proxy defects, and the ownership transfer registration for the instant vessel was completed on May 30, 2016 in the name of G, upon receiving the decision to permit the sale of the bid price of KRW 1,377,77,90 from the other bidders as the highest bidder, and upon receiving the decision to permit the sale, the said price was paid.

E. Meanwhile, on June 29, 2016, the date of distribution of the instant auction procedure, the Plaintiff, as a collateral creditor, was KRW 255,963,735.