1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On October 26, 2005, D completed the registration of the establishment of a mortgage over the obligor D and the maximum debt amount of KRW 864,00,000 with respect to the Yongsan-gu building F (hereinafter “instant apartment”) to G Co., Ltd. (hereinafter “G”).

B. Thereafter, D died on November 8, 2015.

(hereinafter referred to as “D”). (c)

1) On January 12, 2016, G, the mortgagee of the right to collateral security, filed an application for voluntary auction with the Seoul Western District Court C regarding the instant apartment on January 12, 2016. On January 13, 2016, G, the mortgagee of the right to collateral security, filed an application for voluntary auction with the Seoul Western District Court C, and the decision on voluntary auction was rendered on January 1

(2) On March 8, 2016, the Seoul Western District Court, the executing court of the instant auction procedure, ordered G to make an order for correction of the content that “the deceased, who is the debtor and the owner, appears to have already died, and the registration of transfer is not completed under the inheritor’s name, and thus, the registration of transfer is to be issued under the heir’s name.” On January 17, 2018, the Defendant who acquired the claim from G, made a registration of subrogation of the registration of transfer of ownership (the cause of subrogation: the auction under the collateral security right established on October 26, 2015, the Seoul Western District Court C with the Seoul Western District Court C with the cost of subrogated registration was paid in KRW 5,782,070.

After that, at the instant auction procedure, the apartment house of this case was sold to I on July 27, 2018, and accordingly, on the date of distribution that took place on August 24, 2018, a distribution schedule (hereinafter referred to as the “distribution schedule of this case”) stating that the amount of KRW 1,906,126,921, which was paid by the Defendant for the registration of subrogation in the name of the deceased’s heir was deducted from the proceeds of sale by deeming it as the execution cost, and the remainder of KRW 5,782,070, which was paid by the Defendant as the execution cost, was formulated as indicated in the following table.

[Dissenting] Amount to be distributed 1,970,142,860 = 860 won