1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 27 to 32; (c) evidence Nos. 1 and 2; and (d) the testimony of the party concerned witness D in full view of the purport of the entire pleadings:

On January 21, 2013, with respect to the land (hereinafter “instant land”) registered in the name of B, the right to collateral security (hereinafter “mortgage”) with the maximum debt amount of 100 million won against the Plaintiff and D, which are the debtor B was established on January 21, 2013.

B. On October 10, 2013, the Defendant: (a) requested the Busan District Court Branch Branch Branch 2013TT10206 to order the seizure and collection of the instant mortgage claim against D as the title of execution of the judgment executing the claim for reimbursement against D; (b) issued a seizure and collection order from the above court; (c) served the above claim seizure and collection order (hereinafter “instant claim seizure and collection order”) on October 14, 2013; and (d) served the above claim seizure and collection order on October 21, 2013; and (e) on October 21, 2013, the additional registration of seizure was completed for D shares among the instant collateral security claims against D.

C. On June 30, 2014, the Plaintiff and D (hereinafter “Plaintiff, etc.”) filed an application for an auction of real estate with respect to the instant land to Daegu District Court Port Support E, and received a decision to commence the auction of real estate from the above court on June 30, 2014, and on the same day, the said decision was entered and registered.

Accordingly, G, as the actual owner of the instant land, was carrying out the construction project on the instant land with F along with F, paid 100 million won to the Plaintiff, etc. in order to withdraw the application for auction of the instant real estate and to cancel the registration of the creation of the neighboring mortgage. The Plaintiff, etc. paid 57 million won among them to the Defendant on August 5, 2014, while paying 57 million won to the Defendant, he kept 57 million won in relation to the instant claim attachment and collection order, and thereafter disposed of this amount according to the court judgment.