1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff’s claim 1 against D) The Plaintiff is a limited company E on April 3, 2002 (hereinafter “E”).

B) Between the Defendant and the insured, from April 3, 2002 to October 31, 2005, the insurance period was set at KRW 254,247,000, and the insured amount was set at KRW 254,247,00. D jointly and severally guaranteed the indemnity liability to the Plaintiff based on the above guarantee insurance contract. (ii) An insured incident that lost the benefit of September 25, 2003 due to E’s failure to perform the contract with the D, which caused the occurrence of an insured event that lost the benefit of time on September 25, 2003. The Plaintiff paid the insurance amount of KRW 254,247,000 to the Grand Order on June 11, 2004.

3) The Plaintiff filed a lawsuit for the claim for reimbursement against E and D with the Gwangju District Court Decision 2004Da44105, and the said judgment became final and conclusive on November 5, 2004. After which the Plaintiff filed a lawsuit for the interruption of extinctive prescription of the claim arising from the said judgment (Seoul District Court Decision 2014Da23282), and on September 2, 2014, the said court rendered a final and conclusive judgment that “D, etc. jointly and severally with the Plaintiff, for KRW 263,341,90, and for KRW 61,860,987 from April 25, 2014 to May 19, 2014, and for KRW 20% per annum from the next day to the day of complete payment (hereinafter “instant final and conclusive judgment”).” The final and conclusive judgment became final and conclusive (hereinafter referred to as “instant final and conclusive judgment”).

B. B. On May 13, 2005, the Defendant’s establishment of a collective security right to D-owned real estate (hereinafter “each of the instant real estate”) is the Defendant on May 13, 2005: 1,884m2, G field 1,908m2, H field 2,961m2, and 2,238m2,238m2 (hereinafter “each of the instant real estate”).

As to May 13, 2005, the establishment registration of the mortgage of this case was completed on the basis of the contract establishing the mortgage of this case as of May 13, 2005, the maximum debt amount of KRW 360 million, and the debtor D’s neighboring mortgage of this case (hereinafter “mortgage”).

(C) On September 20, 2017, the Defendant filed an application for a voluntary auction of real estate based on the instant right to collateral security with the Gwangju District Court. The said court on September 20, 2017.