1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Basic Facts

On March 10, 2010, the Plaintiff lent KRW 260,000,00 to D with interest rate of KRW 2.5% per month and September 10, 2010. On the same day, E has jointly and severally guaranteed the debt owed to the Plaintiff by D, and at the same time completed the registration of the establishment of a mortgage in the Plaintiff’s name as the debtor D, with respect to the debt owed to the Plaintiff on the same day, JBC No. 401 (hereinafter referred to as “instant loan”) located in Gangnam-gu Seoul, Seoul, the size of the exclusive use area of E, 10,000 square meters (hereinafter referred to as “instant loan”).

On February 10, 201, the Plaintiff applied for the auction of the instant loan to the Seoul Central District Court C on the basis of the registration of the establishment of a neighboring mortgage. On February 11, 2011, the decision to voluntarily commence the auction procedure (hereinafter “instant auction procedure”).

In the instant auction procedure, the Defendant asserted that he is the lessee of the instant loan, and submitted a report on the right and a request for distribution to the executing court on May 4, 2011.

On May 31, 2013, the court of execution prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) with the content that, among the amount to be actually distributed on the date of distribution, KRW 524,328,60, the amount to be actually distributed to the creditor-mortgaged creditor-mortgaged creditor-mortgaged creditor-mortgaged creditor-mortgaged creditor-backed creditor-backed creditor-mortgaged creditor-mortgaged creditor-backed creditor-mortgaged creditor-backed creditor-mortgaged creditor-backed creditor-backed creditor-mortgaged creditor-backed creditor-mortgaged creditor-backed creditor-mortgaged creditor-backed creditor-mortgaged creditor-backed creditor-mortgaged creditor-backed creditor-mortgaged creditor-mortgaged creditor-backed creditor-backed creditor-backed creditor-backed creditor-backed creditor-backed creditor-backed creditor

On the same date, the Plaintiff appeared on the date of distribution, and stated an objection to the entire amount distributed to the Defendant, and filed a lawsuit of demurrer against distribution on June 4, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 7, 10, Gap evidence Nos. 13-1, 3, Gap evidence Nos. 16 and 22-2, and the plaintiff defendant's assertion of the purport of the whole pleadings in the auction procedure of this case based on the false lease agreement, or the investment money.