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 Plaintiff’s occurrence of claims and the progress of the auction procedure 1) I Co., Ltd. (hereinafter “Nonindicted Company”)

(2) From April 1, 2008 to November 12, 2008, the Plaintiff entered into two credit guarantee agreements with the Plaintiff. The representative director of the said company jointly and severally guaranteed the Plaintiff’s obligation of indemnity under the respective credit guarantee agreements. (2) The Plaintiff, a surety of J, created a collateral security agreement, a debtor company, and a mortgagee, a mortgagee, with respect to the instant apartment on June 8, 201, as the head of Suwon District Court registry Office, No. 54538, Jun. 8, 201, set up a maximum debt amount of KRW 338,00,000,000 with respect to the instant apartment as the Plaintiff.

3) On or after November 14, 201, a credit guarantee accident occurred due to non-party company’s failure to repay loans. On April 9, 2012, the Plaintiff subrogated to the Bank of Korea for KRW 175,317,600 and KRW 92,286,246 to the Industrial Bank of Korea on March 15, 2012. (4) The Plaintiff filed an application for an auction of real estate for the exercise of the right to collateral against the instant apartment on April 16, 2012, and the decision to commence the auction of real estate was rendered by Suwon District Court E on April 17, 2012.

B. Demurrer 1) The instant apartment complex was sold at KRW 279,66,60 on September 13, 2012 in the Suwon District Court D, E (Dupl) auction procedure. The amount actually to be distributed after deducting the enforcement cost from KRW 279,884,080, which included interest on the sales price, is KRW 276,143,600. The executing court filed a lawsuit of demurrer against the distribution on November 22, 2012 against the Defendant, the lessee of small amount of KRW 22,00,00, KRW 2400,000, and KRW 240,789,036, and KRW 36, with the order of priority 240,789,036, and KRW 13,354,564, to the Plaintiff, the mortgagee, who is the right to collateral security, filed a distribution schedule on the date of distribution on November 22, 2012.

C. On February 14, 2012, the Defendant concluded a lease agreement with the Defendant.