1. The defendant is against the plaintiff in Seoul Central District Court B's compulsory auction and C's auction of real estate.

1. Basic facts

A. On September 17, 2014, the Plaintiff filed a lawsuit against D on the claim for loans with the Seoul Central District Court 2014Da164681, and was sentenced to the judgment that D shall pay the Plaintiff 394,058,983 won and 27,480,000 won with 15% per annum from April 15, 2014 to July 22, 2014; 20% per annum from the next day to the date of full payment; 360,000,00 won with 9.6% per annum from April 15, 2014 to July 22, 2014; and 20% per annum from the next day to the date of full payment.

B. On October 22, 2014, the Plaintiff filed an application for a compulsory auction on the instant real estate owned D and started a compulsory auction case (this Plaintiff completed a provisional attachment registration with a claim for the said loan amount as KRW 29,586,125 on October 24, 2013 and a provisional attachment registration with a claim amount as KRW 361,029,698 on April 1, 2014, respectively) and subsequently, the same court C's auction case for real estate overlap.

C. Meanwhile, on April 11, 2014, D completed the registration of creation of a mortgage on the ground of a contract establishing the same day (the maximum amount of claims KRW 400 million) in the future of the Defendant on the same day.

(hereinafter referred to as the “mortgage”) D. D.

On September 24, 2015, in the above auction proceedings, the distribution schedule was prepared to distribute the amount of KRW 13,767,653 (amount of KRW 29,586,125) to the Plaintiff (applicant obligee) in proportion to the amount of KRW 168,02,113 (amount of claim KRW 361,029,698) and to the Defendant (mortgage mortgagee) in proportion to the amount of KRW 187,526,813 (amount of claim KRW 400,00).

E. On September 30, 2015, the Plaintiff selectively deleted the amount of KRW 187,526,813 of the said distribution schedule against the Defendant, and corrected the amount of KRW 168,02,113 of the said distribution schedule to KRW 355,528,926, the amount of dividends against the Plaintiff would be corrected to KRW 355,528,926.

In addition, the instant lawsuit was filed with the purport of claiming the cancellation of the above mortgage contract and the correction of the above distribution schedule as above.

F. However, the Plaintiff.