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

Gwangju District Court W real estate auction B, which is a compulsory auction.

1. Basic facts

A. As a creditor of indemnity against C, the Plaintiff filed an application for a compulsory auction (hereinafter “instant land”) with respect to D forest land 31m2 (hereinafter “B”), which was owned by C, on August 13, 2013. On August 13, 2013, the auction court distributed the remainder of KRW 25,493,359 to the Defendant (the principal 71,50,000) who is the person holding the provisional attachment (the principal 71,50,000 won) in proportion to the amount of the claim, and the Plaintiff (the applicant creditor 1,740,40,401 won in total) who is the applicant creditor, the remaining amount of KRW 3,595,637 (the dividend of this case).

B. The Plaintiff raised an objection against KRW 8,144,764, which was not distributed to the Plaintiff on the date of distribution to the Defendant on the date of distribution.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The parties' assertion

A. The loan claim amounting to KRW 71,500,000 against the Plaintiff Defendant C (hereinafter “the loan claim or loan claim of this case”) is a false claim, and even if the loan claim of this case actually exists, the loan claim of this case exists.

Even if 11,330,00 won is not lent to C, it should be excluded from the above loan claim, and 5,490,000 won is already extinguished by repayment, so the dividend table should be corrected.

B. From February 16, 2006 to August 18, 2007 or from August 18, 2007, the Defendant lent KRW 71,500,000 to C by account transfer or cash payment. KRW 55,490,00, which C remitted to the Defendant, is a repayment for a claim separate from the instant loan claim.

3. Determination

A. According to the purport of Gap's evidence Nos. 4, 7, Eul evidence Nos. 1 through 7 (including each number; hereinafter the same shall apply) and the whole pleadings, the defendant's her husband's transfer of KRW 11,330,00 in total from the defendant's her husband's Nong Bank account from February 16, 2006 to August 18, 2007 to C's account, and KRW 58,500,000 in total, from February 16, 2006 to UNC Co., Ltd. (hereinafter the United NationsC) respectively, and the UNCC.