1. Revocation of a judgment of the first instance;

2. On April 11, 2014, the Seoul Central District Court’s dividends procedure case.

1. The court's explanation on this part of the basic facts is the same as the statement from the second half to the third fourteenth fourteenth day of the judgment of the court of first instance. Thus, the court's explanation on this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Plaintiff asserted that “1,106,340,858 won” was stated in the claim column for the order of seizure against golf membership of this case, but the above KRW 1,106,340,858 was stated in the reasons for the application that the interest was included in the principal of the instant loan claim and the amount until the date of application. In addition to the interest claim accrued thereafter, the Plaintiff submitted the claim statement stating the total amount of the loan amount as KRW 1,296,765,153 to the executing court.

Therefore, the Plaintiff has the right to receive the dividend of the amount of the extended claim, excluding the execution cost, so the instant dividend table should be revised as stated in the purport of the claim.

B. The Defendant’s assertion that the Plaintiff applied for a seizure order against golf membership of this case, entered the fixed amount of the principal and part of the interest of the instant loan in the claim amount, and did not specify the grounds for calculating interest in the above application, and thus, the claim amount cannot be expanded by submitting the claim amount later.

3. Determination

A. In an auction procedure for exercising a security right, where an applicant creditor has filed an application for auction with only a part of the secured claim as the claim amount, barring any other special circumstance, the claim amount of the applicant creditor shall be determined to the extent of the claim amount stated in the application for auction, and the claim amount shall not be expanded by the method, such as expanding the claim amount in the statement of claim and submitting it by the applicant creditor.

However, this legal doctrine, however, in cases where the applicant creditor has indicated an incidental claim, such as interest, as the claim for auction, in the application for auction, means of increasing the incidental claim later.