1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On October 28, 2009, the Plaintiff respectively lent F KRW 5,000,000,000 on December 29, 2009, and KRW 50,000,000 on December 29, 2009, and KRW 10,000 on January 12, 2010.

F, on November 16, 2010, in paying the Plaintiff KRW 10,000,000 on the same day, the F drafted a cash custody certificate stating that the remainder of KRW 75,00,000 on the same day will be paid with interest rate of KRW 2.5% per month and June 30, 201.

B. As F did not repay KRW 75,00,000 until the above maturity date, the Plaintiff completed the registration of the establishment of a mortgage over KRW 90,000,000 on the first floor of the H building of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, which was owned on July 12, 201 (hereinafter “instant real estate”) in order to secure the above loan claims.

C. On January 5, 2011, the Defendant completed the registration of the establishment of a neighboring mortgage of KRW 200,000 (hereinafter “registration of the establishment of a neighboring mortgage of this case”) with respect to the instant real estate.

The auction procedure of real estate (hereinafter “instant auction procedure”) was initiated under the Incheon District Court C, C, and D (Dupl) upon the application of the auction of real estate by Han Bank Co., Ltd., the mortgagee of the instant real estate, and the Defendant.

E. On October 31, 2013, a date of distribution, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) under which the Plaintiff reported the claim amounting to KRW 200,000,000,000, interest amounting to KRW 28,246,575, among the amount actually distributed on October 31, 2013, the amount of KRW 597,684,156, and the amount of KRW 200,000, the principal amount of KRW 90,000, the interest amount of KRW 51,187,50, the interest amount of KRW 500, the Plaintiff reported the claim amounting to KRW 51,427,58, the amount of KRW 8,58, the amount of dividends to the Defendant (hereinafter “instant distribution schedule”). The Plaintiff brought an objection against the Defendant on November 6, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1 to 4, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff 1 is the defendant against F. The defendant.