1. The Defendant: (a) on the real estate indicated in the indication of the attached real estate to the Plaintiff, the Seoul Southern District Court (Seoul Southern District Court) registered the real estate.

1. Basic facts

A. The Plaintiff is a person who acquired ownership by completing registration of ownership preservation on June 5, 192 with respect to the real estate indicated in the attachment (hereinafter “instant real estate”) as indicated in the attached property, and holds it up to the present day.

B. On October 31, 2014, the Plaintiff completed the registration of creation of a mortgage over the second order in the Defendant’s future, with the amount of KRW 100 million as the obligor Company B (hereinafter “debtor Company”), the mortgagee, the Defendant of the right to collateral security, and the maximum debt amount as of October 31, 2014, which was received on October 31, 2014 from the Seoul Southern Southern District Court registry.

hereinafter referred to as "mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage."

(C) C. The Defendant filed an application for voluntary auction regarding the instant real estate, and subsequently rendered a voluntary decision to commence auction to Seoul Southern District Court C on February 29, 2016. On August 11, 2016, the Plaintiff deposited KRW 100 million equivalent to the maximum debt amount of the instant right to collateral security with the Defendant as the principal deposit, and KRW 1 million for enforcement costs. [The grounds for recognition A1 and 2, and the entire purport of the pleadings are as follows.]

2. Determination:

A. In cases where a person who created a right to collateral security, other than the debtor and the person who created the right to collateral security, pays the debt by means of the right to collateral security, unlike the case of the debtor and the person who created the right to collateral security, the scope of the debt shall be limited to the maximum debt amount determined by the contract for creation

(1) In the event that a mortgagee files an application for auction on the grounds of a nonperformance of the secured obligation, the amount of the collateral security obligation shall be determined at the time of filing the application for auction (see Supreme Court Decision 2001Da73022, Nov. 26, 2002). Comprehensively taking account of the respective descriptions and the entire arguments in subparagraphs 4-1 and 2-1 and 2-2, the fact that the credit amount already exceeded KRW 100,000 at the time of filing the application for auction can be acknowledged as constituting 238,432,579, which is much more than KRW 100,00