1.The judgment of the first instance shall be modified as follows:

With respect to the auction of real estate C in the House District Court:

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the attached list (hereinafter “instant real estate”). The Defendant is the mortgagee of the right to collateral security, who completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant real estate under the jurisdiction of the Ji Government District Court, Namyang District Court No. 82965 on July 20, 2007, which was received on July 20, 2007.

B. The Defendant filed an application for the auction for the auction of real estate rent with the Jung-gu District Court C on the basis of the instant right to collateral security (hereinafter in this case, “instant auction procedure”).

In the instant auction procedure, the Defendant submitted a claim statement of KRW 288,915,000 to the Defendant, who is the senior mortgagee, on March 10, 2016, the auction court received KRW 195,000,000 from the Defendant, who is the junior mortgagee, and KRW 141,758,806, the amount of the secured claim of KRW 152,400,000, which was finalized through the instant auction procedure. D received dividends of KRW 141,758,806, which is 93.02% among them.

The distribution schedule of each distribution of B (hereinafter “instant distribution schedule”) was prepared.

C. On March 10, 2016, the Plaintiff appeared on the date of the instant distribution, and stated an objection against KRW 4,545,619, out of the amount of dividends to the Defendant, and filed a lawsuit of demurrer against the instant distribution on March 14, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 5, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) As of March 10, 2016, the amount of the secured debt of the instant right to collateral security was paid out of KRW 190,454,381 as of March 10, 2016, and the Defendant was fully paid the amount of the said secured debt on the same day. Therefore, the portion of KRW 4,545,619 out of the amount of dividends of KRW 195,00,000 (=195,000,000 - 190,454,381) against the Defendant in the instant distribution schedule was erroneously paid. Accordingly, the Plaintiff is primarily distributed the amount of dividends of KRW 195,00 against the Defendant in the instant distribution schedule.