1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. Basic facts

A. Establishment 1 of the right to collateral security (hereinafter “instant real estate”) owned by K on February 28, 2004, the Gangdong-gu Seoul Metropolitan Government L Apartment No. 7 and 505 (hereinafter “instant real estate”).

2) As to the establishment registration of mortgage (the maximum amount of the claim, KRW 400,000,000,000,000,000,000,000,000,000,000,0000,000)

(2) On July 23, 2004, the registration of the transfer of the right to collateral security in the name of the Plaintiff was completed on the grounds of the contract on the same day. On December 2, 2013, 2013, the registration of the establishment of the right to collateral security in the name of the Plaintiff was completed on the ground of the transfer of the confirmed claim on November 11, 2013.

B. As to the instant real estate which started the auction procedure, ① on January 13, 2014, the auction procedure for real estate rent (Seoul Eastern District Court G), ② on March 25, 2014, upon the application of the co-Plaintiff D, E, and C in the first instance trial, the compulsory auction procedure (the same court H, I, J (Dupl), and the compulsory auction procedure (hereinafter collectively referred to as the “instant auction procedure”) began on March 25, 2014.

C. During the instant auction procedure, the Plaintiff, a mortgagee of the right to collateral security, submitted a claim statement of KRW 150 million. The instant auction court opened a date of distribution on November 28, 2014 and distributes to the Defendant the full amount of KRW 368,327,780, which remains after deducting the amount of claims of the pertinent tax and national banks, a senior mortgagee of the right to collateral security, from the amount to be actually distributed, out of KRW 600,362,576, which is the amount to be distributed (hereinafter “instant dividend table”).

(2) The Plaintiff appeared on the date of distribution and stated an objection against KRW 150 million out of the amount of distribution to the Defendant of the instant distribution schedule, and filed the instant lawsuit on December 5, 2014.

[Ground of recognition] A without dispute, an obvious fact in this court, Gap evidence Nos. 1, 2, and 3, Gap evidence No. 1, and Eul evidence Nos. 1 and 2.