1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 1, 2012, the provisional attachment order was executed on May 1, 2012 with respect to a house owned by the Plaintiff, the Plaintiff, and the claim amounting to KRW 142 million.

B. On August 10, 2012, D completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage of this case”) with the maximum debt amount of KRW 150 million as joint collateral to the Defendant.

C. On May 30, 2013, the Plaintiff filed a lawsuit claiming the amount of guarantee debt with the Seoul Northern District Court 2012Gahap8622, and filed a lawsuit against D, and on May 30, 2013, “D shall be awarded a favorable judgment with respect to the Plaintiff at the rate of 20% per annum from September 15, 2012 to the date of complete payment,” and the said judgment became final and conclusive on June 27, 2013, the procedure for compulsory auction (Seoul Northern District Court C) upon the Plaintiff’s request was commenced on July 22, 2013.

When the instant real estate was sold during the compulsory auction procedure on February 26, 2014, the said auction court opened a date of distribution on March 21, 2014 and distributed preferentially to the tax creditors, lessees, mortgagees, etc., and the Plaintiff, etc., who was in the same order with the seventh priority, prepared a distribution schedule that distributes dividends as follows:

Creditors F (Right of Provisional Attachment) G (Lessee) Defendant (Right of Provisional Seizure) of Gangseo-gu Seoul Metropolitan Government (Right of Provisional Seizure) Plaintiff (Right of Provisional Seizure) 58,315,131 won 29,306,696 won 6,170 won 134,749,356 won 79,210,257 won 17,095,573 won distribution ratio of 55.78% 24.42% 100% 5.78% 24.42% 10% 24.42% 5.78% 24.42%

E. On the date of the above distribution, the Plaintiff raised an objection against KRW 62,789,743 out of the Defendant’s dividend amount, and filed a lawsuit of demurrer against the distribution on March 27, 2014.

【Ground for recognition】An absence of dispute, entry of Gap evidence 1-4, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion (1) The establishment registration of the instant neighboring mortgage in collusion with the Defendant.