1. Of the distribution schedule prepared on June 15, 2016 by the above court with respect to B real estate compulsory auction cases in the Jeonju District Court B.

1. Basic facts

A. On July 6, 2001, the former District Court No. 13921, which received the maximum debt amount, KRW 60,000,000, and the registration of establishment of a neighboring mortgage (hereinafter referred to as the “mortgage”) in the Defendant’s name, the debtor C, was the owner of C (Death January 25, 201), as to KRW 1/5 of the 3,991 square meters in Kim Jong-si, Kim Jong-si, the 3,91 square meters in size, and the E preceding 10 square meters in size (hereinafter “each of the instant lands”).

B. On August 21, 2015, the Plaintiff filed an application for a compulsory auction against each of the instant lands with the Jeonju District Court B, and on June 15, 2016, the said court prepared, on June 15, 2016, a distribution schedule (hereinafter referred to as “instant distribution schedule”) stating that the Plaintiff, the applicant creditor, should distribute KRW 1,653,453 (total amount of claims KRW 19,935,375), and that the Defendant, the mortgagee, who is the right to collateral security, should distribute the amount of KRW 15,689,851 to the Defendant.

C. On June 22, 2016, the Plaintiff raised an objection against the total amount of distribution to the Defendant on the date of the said distribution.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-4 and 6, the purport of the whole pleadings

2. The parties' assertion

A. Since the secured claim of the Plaintiff’s instant right to collateral security did not exist from the beginning or its prescription expired, the Defendant’s dividends are unreasonable.

B. On July 2001, the Defendant lent KRW 60,000,000 to C and set up the instant collateral security right as to each of the instant land and the instant land and the instant land and the instant land and the instant land (including the instant land and the instant land combined with seven parcels).

In the distribution procedure of the remaining land, the Defendant received a dividend of KRW 35,850,50,507 on August 29, 2002, but among them, KRW 25,883,410 on behalf of the Defendant, as joint and several surety, repaid C’s obligations to the Geumsan Agricultural Cooperative.

C On September 20, 2002, with respect to the above amount of subrogated payment of KRW 25,00,000,000 to the Defendant, the Defendant prepared a loan certificate with interest rate of KRW 12% on December 20, 2007 and paid interest rate of KRW 25,000 on December 20, 207.

Therefore, as the statute of limitations was interrupted, the plaintiff.