1. The defendant expressed his/her intent to transfer to the plaintiff KRW 27,375,308 of the right to claim payment of attached deposit money.

1. Basic facts

A. With respect to Yongsan-gu Seoul Metropolitan Government and 202 (hereinafter “the instant tenement house”), the Industrial Bank of Korea completed the registration of creation of the first-class collective security right (hereinafter “the second-class collective security right”) with the maximum debt amount of 480,000 U.S. dollars on November 9, 2005, the debtor corporation D (which was changed to E; hereinafter the same shall apply), and completed the registration of establishment of the second-class collective security right (hereinafter “the second-class collective security right”) with the debtor corporation Eul on May 18, 2007, and completed the registration of establishment of the third-class collective security right (hereinafter “the third-class collective security right”).

On November 5, 2014, the Plaintiff completed the registration of establishment of the first priority collective security right, which is the debtor F, with respect to the instant tenement house, as well as the maximum debt amount of KRW 200,000,000.

B. In the G Auction Procedure in Seoul Western District Court G Auction Procedure in progress with respect to the instant apartment house, the Defendant reported a total of KRW 1,16,753,034, as stated in the details of the secured claim in the attached Form. On December 29, 2015, the distribution schedule was prepared to distribute the amount of KRW 120,273,797 to the National Federation of Fisheries Cooperatives, which is the first secured mortgage, out of KRW 692,705,364, which is the amount to be actually distributed on the date of distribution that was in progress on the date of distribution, to the National Federation of Fisheries Cooperatives, which is the first secured mortgage.

The Plaintiff raised an objection against KRW 200,000,000 among the amount distributed to the Defendant, but did not submit documents evidencing the filing of a lawsuit of demurrer against distribution, and the court deposited KRW 200,018,557 against the Defendant on January 6, 2016.

Grounds for Recognition: The entries in Gap 1 to 3, 6, 7, and 8, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Of the secured claims reported by the Defendant, the small and medium enterprise loan is not a secured debt of the instant second-mortgage. The secured claims of the instant second-third-mortgage are limited to KRW 51,00,000 due to the due payment guarantee (part of the secured claims in attached Form 5) and KRW 300,000,000 for small and medium enterprise loan (attached Form 4).