1. As to the case of application for a voluntary auction of real estate D with the Gwangju District Court’s order, the said court prepared February 2, 2016.

1. Basic facts

A. In the procedure of the auction for the real estate rent of Gwangju District Court, which was conducted with respect to F 220 square meters (hereinafter “instant building”) and the three-story buildings thereon (hereinafter “instant building,” which were owned by E, the said court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 265,553,641, the amount to be distributed on February 2, 2016 to Defendant C, who is a small lessee, shall be KRW 8,00,000, KRW 150,000,000, and KRW 150,000,000,000 to Defendant B, a mortgagee, and the Plaintiff, who is the applicant creditor, distribute the remainder of KRW 107,553,641 to the Plaintiff (hereinafter “instant real estate”).

B. The Plaintiff appeared on the aforementioned date of distribution and raised an objection against the Defendants as to the entire amount of distribution.

C. Meanwhile, on the other hand, on January 31, 200, Defendant B completed the registration of creation of a neighboring mortgage (hereinafter “registration of the instant collateral security”) consisting of the obligor E and the maximum debt amount of KRW 150,000,000, based on the contract establishing the instant real estate on the same day as the grounds for registration.

[Ground of recognition] Facts without dispute, Gap evidence 1, 8, 11, 12, Eul evidence 3-1 and 2, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion was jointly owned by E and Defendant B, but Defendant B transferred his share to E according to the title trust agreement with Defendant B. The instant collateral security registration is null and void as it was made by mutual agreement with E to conceal such title trust.

In addition, the registration of the instant collateral security has already been completed by extinctive prescription of the secured claim.

Therefore, among the instant distribution schedule, the amount of KRW 150,000,000 against Defendant B should be corrected as KRW 0,000, and the amount should be distributed to the Plaintiff.

B. The real estate in this case is the real estate in this case E and Defendant B merely with the descriptions of the evidence Nos. 1 and 2.