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. The Defendant reported the claim amounting to KRW 31,48,840,00 in total, including the principal amount of KRW 10,000,000, interest amount of KRW 21,488,840, as a person holding a provisional attachment against the Plaintiff in the case of the auction of real estate under the purport of claim as to No. 102 of the Flue House E and H (hereinafter “instant auction”).

B. On August 1, 2013, the date of distribution of the instant auction procedure, the auction court: (a) recognized the Defendant as the person holding a provisional attachment, and drafted a distribution schedule of KRW 31,488,840 in the order of five order; and (b) distributed KRW 58,207,314 as the surplus to the Plaintiff, the debtor and the owner, as the surplus (hereinafter “instant distribution schedule”).

C. As the Plaintiff’s mother’s attorney, I appeared on the aforementioned date of distribution, and raised an objection against KRW 21,488,840 among the amount of dividend 31,48,840 against the Defendant. The Plaintiff filed the instant lawsuit on August 6, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 7, Eul evidence 1, Eul evidence 1, 2, 3, and 7, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion was that the Defendant owed the Defendant a total of KRW 31,48,840, including the principal amount of KRW 10,000,000 and interest of KRW 21,488,840. However, the Defendant agreed to exempt the Plaintiff from the principal amount of KRW 21,48,840 upon repayment of the principal amount of KRW 10,000.

Nevertheless, unlike the above agreement, the Defendant submitted a claim statement demanding the distribution of all of KRW 31,48,840, including interest KRW 21,488,840, in the auction procedure of this case. On August 1, 2013, the auction court prepared the instant distribution schedule by deeming that the Defendant distributes all of the reported amount of claims to the Defendant.

Therefore, the distribution schedule of this case must be revised as stated in the purport of the claim.

B. As to whether the Defendant agreed to exempt the Plaintiff from the obligation of KRW 21,488,840 on the condition that the principal amount was paid in KRW 10,00,00,000, the evidence of Nos. 1 and 2 is examined.