1. Of the instant lawsuit, KRW 6,063,117 among the dividends against Defendant B, and KRW 6,063,116 among the dividends against Defendant C.

1. Basic facts

A. Nonparty E was the owner of the real estate indicated in the attached list (hereinafter “instant real estate”).

B. On September 9, 2009, the Plaintiff completed the registration of the creation of a collateral security in the name of the non-party bank, Hanil Bank, Inc., and the Korea SPS Bank, and on September 9, 2009, the Plaintiff completed the registration of the creation of the collateral security in the name of the maximum debt amount of the said real estate at KRW 30,000.

C. On September 16, 2014, the Plaintiff filed an application for the commencement of voluntary auction with the District Court D, with respect to the instant real estate, and the auction procedure was conducted on September 16, 2014.

Meanwhile, in the above auction procedure, Defendant B and C reported the right as a tenant of a small amount and demanded the distribution.

E. On September 22, 2015, the above court preferentially distributed 14,000,000 won to Defendant B and C as small deposit, and distributed 17,873,767 won to the Plaintiff, who is a subordinated mortgagee, after paying the full amount of credit to the Korea Standards-based Bank, Inc., a senior mortgagee, as a senior mortgagee, and distributed the total amount of credit to the Plaintiff.

Accordingly, the Plaintiff appeared on the date of distribution and raised an objection against KRW 6,063,117 of the dividend amount of Defendant B, and KRW 6,063,116 of the dividend amount of Defendant C.

[Recognizing Facts] Confession (the main sentence of Article 150 (3) of the Civil Procedure Act)

2. Determination

A. On the date of distribution, a lawsuit of demurrer against distribution may be filed with respect to the part of the instant lawsuit which did not raise an objection to the distribution, within the extent of having raised an objection. The Plaintiff filed an objection against each of the dividend amounts, as seen earlier.

Therefore, the part on which the Plaintiff seeks correction of the dividend amount of the Defendants in excess of the part on which the Plaintiff raised an objection is unlawful.

(B) However, the Plaintiff is seeking to correct the amount of the Plaintiff’s dividends to KRW 30,00,000 by distributing the amount of the Defendants’ dividends to the Plaintiff.

The plaintiff is primarily responsible for the judgment on the merits.