1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Basic facts

A. The Plaintiff’s claim 1) around February 14, 2014, the Plaintiff changed the name of H Co., Ltd. (hereinafter “I Co., Ltd.”) to the present trade name through J Co., Ltd. (hereinafter “J Co., Ltd. at the time of its establishment”); and hereinafter “instant Co., Ltd.”).

(2) The Plaintiff filed an application for provisional attachment of KRW 266,198,566 (No. 2015Kadan2347), which is the ownership of the instant company, for the provisional attachment of KRW 266,198,566, in order to preserve the claim for construction cost, in order to compensate for the claim for construction cost by the said company. The Plaintiff completed the provisional attachment registration by the Jeonju District Court’s receipt of indictment for all-round August 5, 2015.

3) On December 12, 2016, the Plaintiff applied for a payment order with respect to the instant company (former District Court Decision 2016 tea4715, Jan. 17, 2017, the payment order became final and conclusive that “The instant company shall pay to the Plaintiff KRW 915,998,342 and delay damages.”

B. The registration of the establishment of the Defendant’s neighboring mortgage on the instant land that was completed after July 20, 2006 is as follows.

On July 20, 2006, the maximum debt amount against the debtor on the date of priority registration 40 billion won, and the company of this case, N 2.1 billion won, 4.6 billion won cancelled on January 22, 2007, and 4.85 billion won against the company of this case on January 2, 2007.

C. As to the instant land, the preparation of a distribution schedule and its objection 1), the mortgagee D voluntarily auction on December 21, 2016, and the Plaintiff filed an application for a compulsory auction on August 16, 2017, and the auction procedure was conducted in duplicate (former District Court F, G (Dual), hereinafter “instant auction court” and “instant auction procedure”).

(2) On December 6, 2017, the instant auction court distributed KRW 960,530,772 to the Defendant on the basis of the instant right to collateral security, but did not have any dividends to the Plaintiff, who is the person holding the provisional attachment right, (hereinafter referred to as “instant dividend table”).