1. Of the distribution schedule prepared on August 9, 2016 by the above court with respect to the case of the voluntary auction of real estate B by the Seoul Central District Court.

1. Basic facts

A. On November 4, 2002, the Defendant completed the registration of the establishment of a neighboring mortgage, which is the maximum debt amount of 72,000,000 square meters (hereinafter “instant real estate”) with respect to the debt amount of 38,000,000 won against C (an acquisition of a contract with D on July 25, 2003).

B. On November 10, 2008, the Plaintiff completed the registration of the establishment of a neighboring mortgage on C’s 1/2 share out of the instant real estate as of November 10, 2008, with a view to securing the loan obligation of KRW 170,000,000.

(hereinafter “instant collateral security”). C.

As the Plaintiff did not repay the above loan debt, the Plaintiff applied for a voluntary auction of real estate on the instant real estate to Seoul Central District Court B, based on the instant collateral security, and received a voluntary decision to commence auction from the above court on August 17, 2015.

(hereinafter “instant auction procedure”). D.

In distributing the amount of KRW 207,786,550 to be actually distributed on the date of distribution implemented on August 9, 2016, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes the amount of KRW 72,00,000 to the Defendant, who is the mortgagee, and KRW 134,701,530 to the Plaintiff, the junior mortgagee, in the third order.

E. Accordingly, on the aforementioned date of distribution, the Plaintiff raised an objection against KRW 35,298,470, out of the amount of distribution to the Defendant, and thereafter filed the instant lawsuit on August 16, 2016, within one week thereafter.

F. Meanwhile, as of August 9, 2016, the amount of the Defendant’s claim against C as of August 9, 2016, is KRW 38,00,000 and interest KRW 19,062.

[Ground for recognition] Unsatisfy

2. According to the above facts of recognition, the executing court should have distributed 38,019,062 won, which is the defendant's claim amount, to the defendant, but in excess of 72,00,000 won, the execution court distributed 33,980,938 won, which exceeds the defendant's claim amount (=72,00,000 won - 38,019,062 won), shall be reduced from the amount of dividends to the defendant.