1. On January 25, 2016, the Cheongju District Court was drafted by the above court regarding the Cheongju District Court C real estate auction case.

1. Basic facts

A. D is the husband of E.

B. On September 15, 2010, D completed the registration of creation of a neighboring mortgage on the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by E to F on September 15, 2010, based on the contract concluded on September 14, 2010, KRW 150,000,000 for the maximum debt amount, and KRW 150,000 for the debtor D.

(hereinafter “instant 1-mortgage”). C.

On October 31, 2014, F transferred the secured debt of the instant No. 1 collateral to the Defendant, and completed the registration of transfer of the instant No. 1 collateral on the ground of transfer of contract on the same date. D.

E on October 25, 2012, on the ground of the contract to establish the same date, the Plaintiff paid to the Plaintiff the maximum debt amount of KRW 500,000,000, and the registration of the establishment of a mortgage on the part of the obligor E.

(hereinafter “instant 2-mortgage”). E.

On November 17, 2014, at the Defendant’s request, who is the first mortgagee of the instant real estate, the voluntary auction procedure was initiated with the Cheongju District Court Cheongcheon Branch C (hereinafter “instant auction procedure”). At the said auction procedure, the said court prepared a distribution schedule with the same content as that stated in the attached Table on January 25, 2016 (hereinafter “instant distribution schedule”), the Plaintiff, D, and E appeared on the date of the open distribution on the same date, and raised an objection against the whole amount of dividends to the Defendant out of the said distribution schedule.

F. On May 9, 2016, F notified D of the purport that “the Defendant transferred the instant 1-mortgage and its secured claim” by content-certified mail.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5 (including each number, hereinafter the same shall apply), Eul evidence Nos. 9, 10, and 11, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion 1) The first collateral security right of this case guarantees F’s claim for the return of F’s investment amount to FD.

However, the F shall return the F's investment funds to D.