1. Of the instant lawsuit, the amount of dividends exceeding KRW 9,019,178 out of the amount of dividends of KRW 386,107,980 against the Defendant shall be reduced and the amount of dividends shall be reduced.

1. Basic facts

A. On March 9, 2011, D (former name: E) completed the registration of the establishment of a neighboring mortgage on the establishment of a mortgage on March 9, 201, with respect to F apartment 102 Dong 402, Dongdaemun-gu Seoul (hereinafter “instant real estate”) owned by the Defendant, the registration of the establishment of a neighboring mortgage on March 9, 201 was completed as determined by the mortgagee, the Defendant, and the debtor D.

B. On June 8, 2016, the Plaintiff filed a lawsuit against D to seek a total amount of KRW 8,300,000 for loans and interest (2016da300,000) from the Nam-si District Court of Chungcheongnam-si, Seoul District Court. The above court issued a decision of performance recommendation accepting the Plaintiff’s claim on July 22, 2016, and the said decision of performance recommendation became final and conclusive August 20, 2016.2) On September 9, 2016, the Plaintiff applied for a compulsory auction on the instant real estate to the Seoul Northern District Court B as a general creditor against D, and the decision of compulsory auction on September 12, 2016 was rendered.

3) On October 10, 2016, the Plaintiff filed an application for provisional seizure of real estate with the Seoul Northern District Court 2016Kadan3267, the claim amounting to KRW 23,900,000, and received the decision of provisional seizure on November 17, 2016. (c) On March 28, 2017, the Defendant filed an application for voluntary auction on the instant real estate with the Seoul Northern Northern District Court C as a mortgagee of the instant real estate on March 28, 2017, and the decision of commencement of voluntary auction on the said real estate was rendered on March 29, 2017.

2) The auction procedure commenced upon the above ruling was conducted in duplicate with the compulsory auction procedure commenced upon the Plaintiff’s application (hereinafter “instant auction procedure”).

D. On July 14, 2017, prior to the final period for demanding a distribution, the Plaintiff demanded a distribution as a creditor with an executory exemplification, at the instant auction procedure.

E. The Seoul Northern District Court prepared a distribution schedule on July 21, 2017, which was the date of distribution of the instant auction procedure, and KRW 386,107,980.