1. The defendant's appeal and the plaintiff's claim added in the trial are all dismissed.

2. After an appeal is filed.

1. The reasoning of the court’s explanation concerning the instant case is as follows, except where the court additionally determines the Plaintiff’s claim added or added in the court of first instance, and thus, it is identical to the part of the reasoning of the court of first instance, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure

Following the fourth second sentence of the first instance court's decision, "(Skcheon District Court's 2013Kadan4069)" is added.

2. Additional matters to be determined;

A. The plaintiff's assertion that since the defendant was distributed KRW 26,983,113 to the defendant on the ground that he was the mortgagee of the right to collateral security in the voluntary auction procedure for the real estate of this case (Skcheon District Court's territorial branch D), the defendant asserts that the defendant has a duty to transfer the right to claim the payment of dividends to the co-defendant A of the first instance court

B. 1) On the other hand, according to the purport of the entire pleadings, in the voluntary auction procedure of the instant real estate (Skcheon District Court Branch D), the Defendant may recognize the fact that KRW 26,983,113 was distributed before the Defendant on the ground that he was the mortgagee of the instant collateral security. However, in the event that a mortgage contract is cancelled as a fraudulent act, it is impossible to acquire another person’s ownership and return the original property if the registration of the establishment of the neighboring mortgage was cancelled, so it is impossible to return the original property. Therefore, if the beneficiary has received the dividend upon the termination of the distribution, the beneficiary shall be ordered to return the dividend. However, in the event that the distribution schedule became final and conclusive but the beneficiary was not actually paid the dividend due to the creditor’s provisional disposition prohibiting the payment of dividends, the creditor shall be ordered to notify the transfer of the dividend payment claim and its transfer, but if the creditor was present on the date of distribution and raised an objection against the part of the beneficiary’s dividend, the creditor shall be subject