1.The judgment of the first instance shall be modified as follows:

E on August 16, 2012, Suwon District Court No. 6147 dated 2012.

1. Basic facts

A. On May 27, 2003, the Defendant’s assistant intervenor purchased an apartment house F 401 (hereinafter “instant real estate”) with respect to the instant real estate on November 11, 2009, the registration of the establishment of a neighboring maximum debt amount of KRW 165,00,000 with respect to the instant real estate, which is the mortgagee G and H, was completed.

(hereinafter “The instant mortgage” and “the instant mortgage establishment registration”). B.

On January 12, 2010, with respect to H share among the instant collateral security, the entire share transfer registration was completed due to the partial transfer of the confirmed claim on the same day, and I applied for a voluntary auction of the instant real estate to the Suwon District Court J around March 2010, and then withdrawn the application on January 25, 2011.

C. On March 4, 2011, at the request of G, voluntary auction had been commenced at Suwon District Court K on the instant real estate (hereinafter “instant auction case”). On June 10, 201, when the said auction case was in progress, the registration of transfer of shares was completed on the ground of partial transfer of finalized claim on June 9, 2011, based on the respective 1/2 shares of the Plaintiffs as to the portion of the instant collateral security in the instant auction case.

On the other hand, on April 16, 2012, the entire share transfer registration was completed on April 6, 2012 on the part of the right to collateral security in the instant case by the Defendant.

E. Both the Plaintiffs and the Defendant filed an application for the distribution of dividends as a mortgagee in the instant auction case, and the instant real estate was knocked out and distributed on August 2, 2012, but the senior court clerk E in charge of the instant auction case was absent from the Plaintiffs and the Defendant on the date of distribution. On August 16, 2012, the Plaintiffs and the Defendant deposited KRW 93,579,436 to the right holder of the instant right as a deposit with the Plaintiffs and the Defendant.

(U.S. District Court No. 6147, No. 6147, 2012; hereinafter “instant deposit”). / [The grounds for recognition] of no dispute, Gap evidence No. 1, and Gap.