1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On December 15, 1995, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “the establishment of a mortgage of this case”) around the maximum debt amount of KRW 200,000,000 as the secured debt with respect to loans of KRW 165,390,00,000, and KRW 165,66,00,000,000, in the Guri-si F 390,000 square meters owned by E (K) and KRW 165,390,00,000,000, as well as the loan of KRW 76,666,00,00,000, out of 390,000,000,000.

B. On March 2013, E died in the middle of police, and E succeeded to the property of E, including L, children, M, N,O (hereinafter “E’s successors”).

C. The Plaintiff was based on the Seoul High Court 2012Na101529, and applied for a compulsory auction on July 10, 2013 with respect to each of the above real estate to the District Court C, and the decision to commence a compulsory auction on July 25, 2013 was rendered.

On the other hand, on April 22, 2014, the Defendant applied for voluntary auction of each of the above immovables to the District Court D, and the decision to commence voluntary auction was made on April 25, 2014.

On November 19, 2014, on the date of distribution (hereinafter “the date of distribution in this case”), the court of auction prepared a distribution schedule (hereinafter “the distribution schedule in this case”) that distributes the amount of KRW 200,00,00 within the scope of the maximum debt amount in the first priority order, and the Plaintiff, who is the person holding the right of provisional seizure, is the person holding the right of claim 69,870,00 won of the amount of claim 7,641,465 won of the amount of claim in the second priority order, G, Namyangyang Mutual Savings and Finance Company, H, and I as the person holding the right of provisional seizure or the applicant creditor, the Plaintiff, as the person holding the right of provisional seizure, was the person holding the right of claim and the creditor holding the bankruptcy in bankruptcy, who is the same second priority as the Plaintiff (hereinafter “instant distribution schedule”).

E. The Plaintiff appeared on the date of distribution of the instant case, and raised an objection against KRW 62,228,535 out of the amount of dividends against the Defendant in the instant distribution schedule, and filed the instant lawsuit on November 24, 2014, which was seven days after the said date.

[Ground of recognition] dispute.