1. The defendant is against the plaintiff KRW 36,670,509, which was distributed to the plaintiff in the distribution procedure D of the Daejeon District Court.

1. The following facts may be acknowledged in light of the purport of the whole pleadings in each statement of evidence Nos. 1 through 5, Eul evidence No. 1, 2, and 4, which is acknowledged as facts Gap.

On January 16, 201, with respect to shares of 1/4 shares among E-gi 228 square meters, F 191 square meters, G 125 square meters, the ownership was transferred by inheritance due to an agreement division in the future between the Plaintiff, H, I, and J on January 16, 201.

(hereinafter referred to as "in all the above land," "the land in this case shall be described individually, and only the lot number shall be indicated when they are individually referred).

On June 20, 2011, the Defendant: (a) set the Plaintiff at 30% per annum interest rate of KRW 24 million; and (b) completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the Plaintiff’s share among the land in the instant case, with the maximum debt amount of KRW 40 million and the right to collateral security (hereinafter “mortgage”).

C. In addition, the Defendant, on October 24, 201, lent to the Plaintiff 30 million won with interest rate of 30% per annum, and the obligor received a certificate of loan (Evidence No. 1) written by H and the Plaintiff from the Plaintiff. As a security, the Defendant completed the registration of establishment of the right to collateral security (hereinafter “H-mortgage”) with respect to H’s portion among the land in the instant case, and the Defendant’s right to collateral security (hereinafter “H-mortgage”).

D. Furthermore, around August 23, 2013, the Defendant filed an application for the commencement of voluntary auction against the Plaintiff’s share in F land and G land based on the instant collateral security (Seoul District Court Seosan Branch K, L, duplicates) and received dividends of KRW 37,859,651 out of the maximum debt amount of KRW 40 million on February 26, 2014 in the said auction procedure (principal principal of KRW 24 million and interest of KRW 30% per annum from June 20, 2011 to February 26, 2014).

E. On the other hand, around April 8, 2014, the Defendant filed an application for the commencement of voluntary auction against H shares among the instant land based on H-mortgage (Seoul District Court Seosan Branch M) and received dividends of KRW 35,929,505, out of the maximum debt amount on November 25, 2015 in the said auction procedure.

F. However, among the land of this case,