1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Basic facts

A. The defendant manufactured and sold the clothing products of the brand called 'Venus', and had continued to deal with the clothing wholesale business since June 1997, which operated the clothing wholesale business in the trade name of 'A'.

B. On June 11, 1997, the Defendant completed the registration of creation of a mortgage (hereinafter “mortgage of this case”) in relation to the E Apartment 8, 603, Dong-dong (hereinafter “instant apartment”) owned by B, as to the claim for the purchase price of goods against B, the maximum debt amount of KRW 40,000,000, and the debtor’s neighboring mortgage (hereinafter “mortgage of this case”).

C. On December 15, 200, F completed the registration of creation of a neighboring mortgage with respect to the instant apartment on the basis of the maximum debt amount of 50,00,000,000 and the debtor C, and on June 28, 2012, on the same day, he/she filed an application for voluntary auction based on the said right to collateral security G with the Cheongju District Court Jeju District Court, which was rendered a decision to commence auction on the same day. The instant apartment was sold during the said auction procedure, and the sales price was paid in full on February 22, 2013.

(hereinafter “instant auction procedure”). D.

In the auction procedure of this case, the Plaintiff claimed a distribution of KRW 2,318,741,767 as a claim claim amounting to C. The auction court prepared a distribution schedule stating that KRW 95,161,447, which is the amount to be actually distributed on April 15, 2013, should be distributed to the Defendant, who is the first mortgagee, the second mortgagee, KRW 40,000,000, and KRW 50,000,00 to the Defendant, the second mortgagee, the second mortgagee, and KRW 5,161,447, which is the remaining dividends, shall be divided in proportion to the respective claims of the other general creditors, and distributed KRW 359,583,583, and J ( claimed claims amounting to KRW 10,027,00) to the Defendant, the second mortgagee, the second mortgagee, and KRW 5,161,447,233, in proportion to the respective claims of the general creditors.

The plaintiff appeared on the date of the above distribution, and raised an immediate objection as to KRW 15,00,000 among the dividends to the defendant, and the defendant received KRW 25,00,000 on the same day.

E. The Plaintiff’s Cheongju District Court Decision 2013Kadan1705, supra, was about KRW 15,00,000.