1. Of the distribution schedule prepared on April 15, 2016 by the said court with respect to the Suwon District Court C’s auction of real estate.

Basic Facts

On June 9, 2009, the Defendant agreed to grant a loan of KRW 65 million to D with interest rate of KRW 2.5% per month (interest rate of 3.5% per annum) and due date of payment on December 9, 2009.

On June 9, 2009, in order to secure the obligation to return the real estate and E, who is the wife of D, completed the registration of creation of a mortgage on the following real estate with the maximum debt amount of KRW 97.5 million and the debtor D's joint establishment of a mortgage on the real estate:

① On July 10, 2009, the Defendant paid KRW 48,324,240 won (=50 million - 50 million interest and one-month interest) on July 10, 2009, 48,324,240 won, excluding KRW 15 million out of the above KRW 65 million to D on July 10, 2009.

(hereinafter “instant claim”). The instant claim for the principal and interest on a loan with a collateral security deposit following the payment (hereinafter “instant claim”). ② The instant court’s first compulsory auction procedure was initiated regarding land and buildings.

On March 23, 2010, the Defendant received KRW 50,247,836 of the dividend surplus to be delivered to E on March 23, 2010, by filing and executing an application for attachment and assignment order of claim No. 2010 to 2010,00 as executive title.

On January 11, 201, the Plaintiff repaid the Defendant KRW 12 million.

① On September 16, 2015, with respect to the above land and building, the procedure of voluntary auction was initiated in this court.

On April 15, 2016, the auction court presented a distribution schedule with the dividend amount of KRW 90,029,429 against the defendant, who is a mortgagee, on the date of distribution, and the plaintiff raised an objection against the total amount of the dividend.

On April 20, 2016, the Plaintiff filed the instant lawsuit within one week from the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 4, and 5 (including branch numbers), and the summary of the argument of the whole purport of the pleadings, and the plaintiff's assertion of the whole purport of the pleadings, are paid in full by the defendant, while paying the above KRW 12 million to the defendant.