1. The instant lawsuit shall be dismissed.

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

Facts of recognition

On July 9, 2010, the Plaintiff completed each registration of creation of a mortgage (hereinafter collectively referred to as the “mortgage of this case”) with respect to E Apartment-gu Seoul, Yongsan-gu, Seoul (hereinafter referred to as the “instant real estate”) owned by D, with respect to the maximum debt amount of KRW 5.4 million and KRW 312 million, in order to secure the credit for the instant loan (hereinafter referred to as the “loan”).

On August 2013, the Plaintiff filed an application for voluntary auction with Seoul Western District Court C on the instant real estate based on the foregoing collateral security (hereinafter “instant auction procedure”). During the auction process, the Plaintiff’s decision to commence individual rehabilitation procedure on October 22, 2014 (Seoul Rehabilitation Court No. 20161, 2014) was rendered on October 22, 2014, and the said auction procedure was temporarily suspended.

Since then, on July 11, 2017, the repayment plan for the debtor for rehabilitation was authorized in the above rehabilitation case, and the auction procedure of this case, based on the plaintiff's right to collateral security, which is the creditor of the right to separation, continued again, and the real estate of this case was adjudicated to a third party

On June 22, 2018, among KRW 958,988,834, an amount to be distributed actually to the Plaintiff, the court of auction: (i) KRW 81,6 million, the maximum debt amount of KRW 54 million, which is the first priority claim amount (i.e., KRW 312,00,000), and (ii) KRW 1,418,490, and KRW 25,00,000,00 to the Defendant of the lessee of the fixed date and KRW 33,00,000, which is the one priority claim amount (i.e., KRW 5,570,344, the remaining KRW 116,570,344, the court of auction prepared a distribution schedule (hereinafter referred to as the “instant distribution schedule”).

The Plaintiff raised an objection against the total amount of dividends of the Defendant (hereinafter referred to as “instant amount of dividends”) who received dividends in the third order on the date of distribution, and the rehabilitation obligor D raised an objection against the amount of dividends of KRW 116,570,344, which the Plaintiff received as dividends in the fourth order against the part exceeding the maximum amount of debt of the right to collateral security.