1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. From March 1, 1996 to December 28, 2003, the Defendant lent KRW 280,000,000 to C, the representative director of B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) for five occasions, a total of KRW 10,000,000,000,000,000 from the non-party company as security for the above loan. On May 10, 2005, the Defendant issued and issued a promissory note with a blank payment date.

B. On July 23, 2010, the Seoul Central District Court rendered a decision that “the company outside the lawsuit shall pay to the Defendant the amount of KRW 552,400,000 and KRW 280,000,000,000 per annum from the day following the delivery of the original copy of the instant payment order to the day of full payment,” and the decision was served on the non-party company on July 29, 2010 and became final and conclusive without objection.

C. On July 30, 2010, in order to secure the above loan, the non-party company entered into a mortgage agreement with the defendant on the instant real estate with the maximum debt amount of KRW 552,400,000 (hereinafter “mortgage agreement”). On August 2, 2010, the registration of establishment of a mortgage was completed on August 2, 2010 with the Suwon District Court Registration Office No. 105710.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

On October 14, 2010, the non-party company concluded a mortgage contract with the Plaintiff regarding the instant real estate with the maximum debt amount of KRW 800,000,000. On October 19, 2010, the registration of the establishment of a mortgage was completed on October 19, 2010 by Suwon District Court Registry No. 143664.

E. On March 6, 2012, the Suwon District Court rendered a voluntary decision to commence the auction on the instant real estate, and at the above auction procedure, the court of execution prepared a distribution schedule with the content of allocating KRW 87,655,693 to the Defendant on August 27, 2013.

F. The Plaintiff, a subordinate mortgagee of the Defendant, raises an objection to the amount of distribution to the Defendant, and on September 2, 2013, as Suwon District Court 2013Gahap19222, raised an objection to the distribution.