1. The defendant is among the distribution schedule prepared on September 30, 2016 by this Court as to the case of application for compulsory auction of D real estate in this Court.

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on November 29, 198 with respect to the shares of November 29, 198, out of 12,485 square meters of Busan Shipping Daegu E-T, Busan, and on April 6, 1989 with respect to the shares transferred on April 6, 1989.

(hereinafter referred to as “instant shares”) b. the total 12/22 shares registered in the future of the Plaintiff.

On March 26, 1998, F completed the registration of creation of a mortgage in the vicinity of the amount of KRW 40,000 to the mortgagee F, the debtor A, the maximum debt amount of KRW 40,000,000 with respect to 1/12 of the shares in the instant case, and on December 29, 200, F completed the registration of partial transfer on December 27, 200 with respect to 20,000,000 of the said mortgage to the defendant B.

(hereinafter the Defendant B’s right to collateral security (hereinafter “instant right to collateral security”) C.

On October 27, 2008, Defendant C completed the registration of creation of a collateral security interest of KRW 100,000,000 with respect to the instant shares, Defendant C, the obligor A, and the maximum debt amount.

(hereinafter “instant collateral security”). D.

K&C applied for a compulsory auction on the shares in this case to D with the Plaintiff et al. as the debtor, and received a decision to commence the auction on September 22, 2015.

E. On September 30, 2016, the instant court drafted a distribution schedule containing the distribution of KRW 20,000,000 as a mortgagee of the first place of service in Defendant B, and KRW 27,341,803 as a mortgagee of the second place of service in this case, on the date of distribution of the auction procedure.

The plaintiff appeared on the date of distribution and raised an objection against the total amount of the dividend to the defendants.

F. On October 6, 2016, the Plaintiff filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. Since the secured claim of the Plaintiff 1 and 2 collateral of this case did not exist from the beginning, the amount of dividends to the Defendants should be deleted and distributed to the Plaintiff.

B. Defendant B, due to the transfer of part of the confirmed claim from F, is the first collateral of this case.