1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

With respect to the registration of creation of a mortgage on March 3, 2008, the maximum debt amount of KRW 180,000,000,000,000 won, the debtor, the debtor, and the mortgagee-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage

Each contract to establish a collateral security (Evidence A6, 10, 11) regarding the scope of the secured obligation refers to the establishment of a collateral security right in order to secure “any obligation such as a loan, a document, or a document of payment, signed and sealed by the plaintiff as a sole or several obligation or a guarantor, which is currently or will be, or will be, borne by the defendant, and any obligation arising from a bill, endorsement, guarantee, or commercial transaction or any obligation arising from a check or any obligation arising from commercial transaction.”

On August 23, 2013, with respect to the instant real estate upon the Defendant’s application, the Seoul Central District Court C voluntarily held the auction procedure (hereinafter “instant auction”).

In the auction procedure of this case on May 3, 2016, a court of execution prepared a distribution schedule that distributes the amount of KRW 480,00,000,00 to the Defendant, who is the applicant creditor and the mortgagee, to the extent of the amount of credit of KRW 1,047,402,738 (=interest of KRW 300,000,000,000), which is the maximum debt amount, within the scope of the amount of credit of KRW 747,40,738), and the Plaintiff raised an objection against the amount of dividends.

[Ground of recognition] The plaintiff's assertion of the purport of the whole pleadings and facts without dispute, Gap's evidence Nos. 1 and 3, and the plaintiff's assertion of the purport of the whole pleadings. ① The defendant borrowed KRW 150,000,000 from March 3, 2008 as interest monthly 2%, but remaining after deducting three-month interest, etc.