1. The Seoul Central District Court completed on August 7, 2014 with respect to the case of the voluntary auction application for real estate E.

1. Basic facts

A. G, who is the representative director and the actual manager of F Co., Ltd. (hereinafter “F”), was declared bankrupt on November 28, 2013, and the Plaintiff was appointed as a trustee in bankruptcy.

B. On February 6, 2013, Defendant C lent KRW 50 million to F by means of remitting money to the account of the F to the account of our bank, and at the time, Defendant C jointly and severally guaranteed this amount.

On February 6, 2013, Defendant D lent KRW 100 million to A by means of remitting money to A’s single bank account.

C. On February 8, 2013, as a security for each of the above loan obligations against the Defendants (hereinafter “each of the loan obligations in this case”), A created the instant two-mortgage (hereinafter “each of the instant two-mortgage”) against Defendant C, with respect to the land of Seocho-gu Seoul Metropolitan Government H and the building on its ground (hereinafter “the instant real property”), the maximum debt amount is KRW 65 million, the debtor F, the second-mortgage with the maximum debt amount is KRW 130 million, the Defendant A, the third-class collateral (hereinafter “the instant two-mortgage”) with the debtor.

The instant real estate was sold to a third party at the voluntary auction procedure commenced with the Seoul Central District Court E on November 5, 2013 upon the application of the first mortgagee.

E. On August 7, 2014, on the date of distribution, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 62,024,657 to Defendant C, who is the second mortgagee, the third mortgagee, and KRW 135,967,123 to Defendant D, the third mortgagee, respectively.

F. On the date of distribution, the Plaintiff, the owner of the instant real estate and the debtor, filed an objection to the entire dividend amount of the Defendants on the date of distribution, and filed the instant lawsuit on August 13, 2014.

[Ground of recognition] Facts without dispute, Gap 1 through 6, 8, 9, Eul 1 through 3, Eul 1 through 3, Eul 1 through 3, the purport of the whole pleadings and arguments

2. The judgment of this Court

A. Determination on the ground of the Plaintiff’s claim 1-related legal doctrine.