1. With respect to the cases, such as Ansan Branch Court C, D, E (Dual) and D (Dual) auction of real estate, the above court shall hold the auction of the real estate.

1. Basic facts

A. On April 16, 2002, the Plaintiff filed a registration of initial ownership relating to the real estate listed in paragraph (4) of the attached Table No. 4 (hereinafter “instant real estate”).

B. On August 22, 2007, the Suwon District Court rendered a registration of the establishment of a mortgage on the instant real property with the content of KRW 100,000,000 of the maximum debt amount, the debtor, the mortgagee, the defendant of the right to collateral security, etc.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

Attached Form

In relation to each real estate listed in the list, the procedures for the auction of real estate in Suwon District Court C, D (Dual), E (Dual) were conducted. On September 17, 2019, the above court prepared a distribution schedule with the content of allocating KRW 33,886,248 to the Defendant (hereinafter “instant distribution schedule”). The Plaintiff appeared on the date of distribution implemented on the same date and raised an objection against the total amount of the Defendant’s dividends. D.

The Plaintiff filed the instant lawsuit on September 20, 2019.

【Fact-finding without a dispute over the grounds for recognition, Gap evidence 1, 4, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The purport of the Plaintiff’s assertion is that the registration of creation of a mortgage on the root of the instant case is null and void as the secured claim does not exist. Even if the secured claim exists, even if the secured claim expires by prescription, the amount of dividends to the Defendant in the instant distribution schedule ought to be deleted.

B. In full view of the statements in the evidence Nos. 3 and 4 and the purport of the entire pleadings in the testimony of witness F, the Plaintiff voluntarily acknowledged that the Plaintiff is liable to F, and that F was liable to the Defendant, around 2007, the Plaintiff, the Defendant, and F agreed that “the Plaintiff shall pay F’s obligations to F in lieu of a partial repayment of its obligations to F,” and that the registration of the establishment of a mortgage in the instant case was completed in accordance with the said agreement.