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. On April 25, 2013, the procedure for compulsory auction (hereinafter “instant auction procedure”) was commenced on April 25, 2013 with respect to the shares of Suwon District Court No. 608, 1701, 1701, and 1/2 (hereinafter “instant real estate”), and the instant real estate was sold to F on December 11, 2013 in the instant auction procedure.

B. In allocating the amount of KRW 153,508,663 to be actually distributed on January 27, 2014, the distribution date of KRW 153,50,508,663, the said court: (a) distributed KRW 24,700,569 to G, the first priority wage obligee; and (b) distributed KRW 278,520,000 to the Defendant, the mortgagee of the second priority; and (c) distributes KRW 60,000,000 to the Defendant, the mortgagee of the third priority; and (d) distributes the amount of KRW 54.94% of the amount of each claim under the same priority to the Plaintiff, the mortgagee of the National Health Insurance Corporation, the military tax office, the head of Seocho District Tax Office, and the junior mortgagee, the Plaintiff, who is the mortgagee of the lower priority, distributed the distribution schedule (hereinafter “instant distribution schedule”).

C. The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the amount distributed to the Defendant, and filed the instant lawsuit on January 29, 2014.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff's assertion 1) The defendant primarily did not lend money to D, so the right to collateral security established by the defendant with respect to the apartment of this case (hereinafter "mortgage of this case") does not exist any secured debt, and the right to collateral security (hereinafter "mortgage of this case") established by the false agreement between the defendant and D is also null and void.

B. Preliminaryly, in the relevant case, the judgment that the instant mortgage contract constitutes a fraudulent act was revoked, and thus, the instant mortgage right becomes retroactively null and void.