1. The contract to establish a right to collateral security concluded on May 30, 2016 between the Defendant and B regarding the real estate stated in the attached list.

1. Facts of recognition;

A. On March 17, 2015, the Plaintiff lent 100 million won interest rate of 3.27% per annum, 12% per annum, and 2% per annum, and the principal amount to be repaid in equal installments every month for three years after the two-year grace period. However, the Plaintiff lost the interest under March 27, 2017 due to the Plaintiff’s failure to repay the principal and interest after December 19, 2016.

B. On July 14, 2017, the Plaintiff filed an application for provisional seizure of the real estate listed in the [Attachment List No. 2017Kadan100667 (hereinafter “instant real estate”) owned by the Busan District Court as the right to preserve the principal and interest of the pertinent loan credit amounting to KRW 104,344,719, as the preserved right. Accordingly, the provisional seizure order was issued by the above court on July 14, 2017, and the provisional seizure registration was completed on the same day for the instant real estate.

C. Meanwhile, between May 30, 2016 and B, the Defendant entered into a mortgage agreement with the debtor as to the instant real estate with B, the maximum debt amount of KRW 30 million, and the mortgage agreement with the mortgagee as the defendant (hereinafter “mortgage agreement”). On the same day, the Defendant completed the registration of the establishment of a mortgage near the same day.

B owned the instant real estate as the only property at the time of concluding the instant mortgage contract, and the small property was in excess of the obligation exceeding the positive property.

E. On June 21, 2017, D, the mortgagee of the instant real estate, applied for a voluntary auction on the instant real estate and commenced the voluntary auction procedure with the Busan District Court Seo- Branch C (hereinafter “instant auction procedure”). On March 15, 2018, the said court: (a) confirmed the amount to be actually distributed on March 15, 2018 as KRW 271,859,30; and (b) drafted a distribution schedule (hereinafter “instant distribution schedule”) stating that the mortgagee, the mortgagee of the instant real estate, distributes KRW 29,764,402 to the Defendant (hereinafter “instant distribution schedule”).

F. On March 15, 2018, the Plaintiff, a person holding the provisional seizure who was not paid a dividend in the instant auction procedure, attended on the date of distribution, and raised an objection against the total amount of the dividend to the Defendant, and on March 19, 2018.