1. A distribution schedule prepared by the said court on September 16, 2015 with respect to a compulsory auction case (B duplicate) at Daejeon District Court A.

1. Basic facts

A. The reason is that C/C 2,466 square meters, D 724 square meters, E prior to 774 square meters, F. 885 square meters, G 486 square meters, and G 486 square meters (hereinafter “each of the instant real property”), in Sejong-si, the contract concluded on June 5, 1993, the maximum debt amount is KRW 50,000,000, and the debtor and the mortgagee registered the establishment of a mortgage (hereinafter “instant collateral security”) with the Defendant.

B. On September 16, 2015, this Court prepared a distribution schedule to distribute each of the KRW 37,870,573 to the Plaintiff (hereinafter “instant distribution schedule”) on the ground that each of the instant real estate and each of the instant real estate and each of the instant real estate and the instant real estate and the instant real estate and the instant real estate and the instant real estate and the instant real estate and the instant real estate A (B overlapping) are the mortgagee of the right to collateral security (Seoul Central 2012Gahap525951) on the ground that the Defendant is the mortgagee of the right to collateral security.

C. On September 16, 2015, the Plaintiff raised an objection against the total amount of KRW 50,000,000 to the Defendant’s dividends on the date of distribution, and filed a lawsuit of demurrer against distribution on September 18, 2015.

[Reasons for Recognition] The entry of Gap 2, 3, Eul 1 and 2 in each of 1 to 5, the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiff’s assertion 1) The instant right to collateral security was established on June 5, 1993 as the secured claim, but the secured claim was extinguished by prescription more than 10 years thereafter, and the instant right to collateral security also expired in accordance with the father’s nature. As such, the instant distribution schedule that distributed KRW 50,000 to the Defendant on the ground of the instant right to collateral security should be corrected. 2) The Defendant lent KRW 50,000,00 to H on June 5, 1993, and set up the instant right to collateral security on the instant real estate to secure this.

H and the Defendant agreed to occupy and use the instant real estate as the place where it stored materials owned by the Defendant in lieu of the payment of interest on loans.

In lieu of the payment of interest on loans up to now, the Defendant has set up the instant real estate in the open place.