1. A contract establishing a right to collateral security concluded between the Defendant and B on February 19, 2014 regarding real estate listed in the separate sheet.

Basic Facts

On May 19, 2008, the Plaintiff lent KRW 40,000,00 to B, with interest rate of KRW 20% per annum, and the due date of repayment on May 19, 2010.

As the Plaintiff did not repay the above loan, on June 24, 2014, the Plaintiff provisionally seized D, 178.9 square meters and the above ground buildings (hereinafter “instant real estate”) owned by Jeonju District Court 2014Kadan928, Gunsan District Court 2014.6.24, 2014.

The Defendant is a financial institution with a loan claim against B, and on February 19, 2014, in order to secure the above loan claim, the Defendant was established with a maximum debt amount of the instant real estate amount of KRW 36,00,000, the obligee, the Defendant, and the obligor B.

With respect to the instant real estate, the procedure for the auction of real estate was initiated as the Gunsan Branch of the Jeonju District Court.

The defendant reported the claim amount of KRW 31,727,373 in the above voluntary auction procedure, and the plaintiff reported KRW 50,94,535 in excess of the provisional seizure claim amount as the claim amount.

On March 3, 2016, the above court distributed KRW 31,727,373 to the Defendant, who is a mortgagee of a right to collateral security, and KRW 3,129,030 to the Plaintiff, who is a person holding a right to collateral security.

The plaintiff appeared on the date of the above distribution and raised an objection against KRW 25,590,00 among the amount of dividends against the defendant.

[Ground of recognition] The Plaintiff asserts that: (a) the establishment of a collateral security agreement between B and the Defendant on February 19, 2014 with respect to the real estate in the instant case was fraudulent, and that (b) the establishment of a collateral security agreement between B and the Defendant was revoked, and sought correction of the aforementioned distribution schedule.

On June 24, 2014, the Defendant received a provisional attachment order on the instant real estate on June 24, 2014, and thus, it should be deemed that he was aware of the right to collateral security established on the instant real estate at that time. Since the instant lawsuit was filed one year after it, the exclusion period was over.