1. The judgment of the court of first instance is modified as follows.

The Seoul Northern District Court C real estate auction case.

1. Basic facts

A. On May 26, 2010, the Defendant completed the registration of the establishment of a neighboring mortgage, the maximum debt amount of which is 124,200,000, as to the second floor No. 202, 93.5 square meters (hereinafter “instant real estate”) among the third apartment houses in Seongbuk-gu Seoul E 102, Seongbuk-gu, Seoul, a reinforced concrete structure, lub roof, and the third apartment houses owned by D (hereinafter “instant real estate”).

(hereinafter “instant collateral security”). On the same day, the Defendant completed the registration of the establishment of a neighboring mortgage, which amounts to 124,200,000, for the first floor Nos. 24,20,000 square meters of multi-household housing on the second floor of the Seocho-gu Seoul Metropolitan Government F brick Dolve and the second roof No. 41.64 square meters of the maximum debt amount (hereinafter “instant share”).

B. On July 25, 2012, the Plaintiff leased No. 501, Jung-gu, Seoul, the Plaintiff completed the registration of the establishment of a neighboring mortgage of KRW 100,000,000 with respect to the instant real estate on July 25, 2012, in order to secure the refund of KRW 90,000,000 for the lease deposit.

C. On October 15, 2014, on the application of the Defendant, who is a mortgagee, the right to collateral security (hereinafter “instant auction”), the procedure for the auction of real estate was commenced with Seoul Northern District Court C on October 15, 2014 (hereinafter “instant auction”). A court of execution prepared a distribution schedule with the content that, on July 23, 2015, the amount to be distributed on July 23, 2015, was deducted from the sales price of KRW 73,527,873 (=the sales price of KRW 73,50,000, interest KRW 27,873), the execution cost of KRW 2,307,80, out of KRW 71,220,073, which is the remainder of KRW 133,910 in Seongbuk-gu Seoul Metropolitan Government, the right to deliver the pertinent tax amount, and the second priority of KRW 71,086,16

The Plaintiff appeared on the date of the above distribution, and raised an objection against the full amount of the dividend to the Defendant, and filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, Eul evidence Nos. 4 (including branch numbers), Eul witness D's partial testimony, and the purport of the whole pleadings

2. The plaintiff's assertion of this part.