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. Basic facts

A. (1) On December 12, 2008, the Ulsan-gu District Court 2008Kadan23570 on December 12, 2008, issued a provisional seizure order against real estate (1,704,766,89) with the claim amount as to No. 608 of the Ulsan-gu C building No. 102, Ulsan-gu, Busan District Court 2008Kadan23570 on December 15, 2008, and the provisional seizure order against the above decision was registered on December 15, 200.

(2) On May 19, 2009, Busan District Court Decision 2008Kadan168079, which was the main case of the above provisional seizure, sentenced B to the effect that “B shall pay 3.6 billion won to the Solo Savings Bank and damages for delay on some of its money.” The above judgment was finalized.

(3) On March 7, 2012, the Ulsan District Court A filed an application for compulsory auction of real estate with the claim amount as KRW 100 million with respect to the said real estate as an executive title, and received a decision to commence compulsory auction on March 7, 2012.

(hereinafter “instant auction”). B.

(1) The Defendant, including the Defendant’s demand for distribution, etc. (1) issued a written guarantee from B to the effect that “to guarantee the obligation for construction cost equivalent to KRW 201,150,000 to the Defendant of the Large Cooperation Development Co., Ltd.,” and subsequently entrusted and drafted a notarial deed stating that “B does not pay money in the said written guarantee by May 31, 2012,” which is the head of the law firm, with B, as prescribed by Article 628 of the 2004.

(2) On the basis of the instant notarial deed, the Defendant demanded the distribution of KRW 201,150,000, which was the completion period to demand the distribution of the auction of the instant case, until May 29, 2012, the Defendant did not obtain the execution clause on the instant notarial deed even by the completion period to demand the distribution.

C. (1) On August 30, 2012, the executing court of the instant auction of the instant case filed a lawsuit of demurrer against the distribution by the executing court and the distribution of the said money, 55,479,813 won with the Bank of Korea, which is the first secured mortgage on the date of distribution.